Browse the archives

Browse the articles in this issue.

• EVIDENCE
  Ninth Circuit finds that Immigration Judge improperly failed to consider asylum applicant’s own testimony as a means of authenticating a foreign government document; asylum applicant may resort to any recognized procedure for document authentication, including the procedures permitted under FRE 901, and is not restricted to recognized procedures for authenticating foreign public documents
• EXTRADITION
  West Virginia district court denies request from Ireland for the extradition of a U.S. citizen accused of assisting in suicide; dual criminality requirement of the U.S.–Ireland extradition treaty was not met; although the court recognizes that dual criminality could potentially be satisfied by the existence of substantially comparable laws in a “preponderance” of the states, there was no consensus in the laws of the U.S. states as to assisted suicide
• EXTRADITION
  As matter of first impression, Ninth Circuit reviews whether U.S. government must seek extradition of a suspect when it believes that extradition is futile
• FORUM NON CONVENIENS
  First Circuit overturns district court’s dismissal for forum non conveniens, holding that, all other factors being equal, the existence of concurrent litigation in a foreign state does not overcome the strong presumption that an American forum selected by an American plaintiff is the proper forum for a suit
• JURISDICTION
  Federal district court lacks jurisdiction based on diversity when alien corporations are present on both sides of the controversy, even if one Party maintains its principal place of business in the United States
• SOVEREIGN IMMUNITY
  In case of Italian government’s sale of majority share in Alitalia Airlines after Alitalia’s removal of a case against it to federal court without jury under the FSIA, the Seventh Circuit holds that FSIA’s bar on jury trials continues to apply
• TERRORISM
  Changes made to the Antiterrorism and Effective Death Penalty Act cured some, but not all, of previous defects the Ninth Circuit found in the statute; although amendments that changed the scienter required under AEDPA satisfy constitutional requirements, some terms continue to render provisions of it void on vagueness grounds
• WORLD TRADE ORGANIZATION
  Arbitrator issues award in U.S.–Antigua and Barbuda dispute over online gambling; permits Antigua and Barbuda to suspend obligations under the TRIPS Agreement even though U.S. had violated different sector obligations, namely GATS
• WORLD TRADE ORGANIZATION
  WTO Panel issues decision in U.S–Mexico dispute over anti dumping measures on Mexican steel; holds that model zeroing “as such” is inconsistent with the Anti Dumping Agreement