Browse the archives

Browse the articles in this issue.

• FORUM NON CONVENIENS
  Resolving circuit conflicts, the U.S. Supreme Court rules that district courts have discretion to dismiss on forum non conveniens grounds for trial abroad without having definitively decided whether it has subject matter jurisdiction over case and personal jurisdiction over defendant
• GENOCIDE
  International Court of Justice rules that evidence of active role in genocide by Serbian state is not conclusive but that it does show (1) that Serb government should have foreseen risk of genocide, but failed to take any steps to prevent massacre of non Serb Muslims at Srebenicia and (2) has breached its duty to arrest those who conducted massacre and send them to ICTY for trial
• HABEAS CORPUS
  In case where detained U.S. citizen is about to be handed over to Iraqi authorities, District of Columbia Circuit holds that, to preserve its habeas corpus jurisdiction, district court may properly enjoin transfer of Petitioner to Iraqi tribunal
• NATIONAL SECURITY
  Supreme Court of Canada decides unanimously that, despite Parliament’s sincere efforts to protect national security while assuring detained suspects’ constitutional rights, its certificates of inadmissibility procedures violate the Charter of Rights and Freedoms by denying subjects’ fair access to evidence against them and by causing longer detentions for foreign nationals than for permanent residents
• PATENTS
  In reviewing district court’s finding of supplemental jurisdiction over foreign patent infringement claims, panel majority of Federal Circuit finds abuse of discretion based on comity, judicial economy, convenience, and fairness
• SOVEREIGN IMMUNITY
  Fifth Circuit denies claim of sovereign immunity to Japan’s largest telecom company because, though it started out as government owned monopoly, Japan is now minority shareholder which does not now manage it as it competes in market place with several other telecommunications companies
• SOVEREIGN IMMUNITY
  In affirming dismissal of garnishment action against Congo based on sovereign immunity despite Congo’s waiver of immunity in underlying contract, Ninth Circuit rules, as matter of first impression, that Congo’s assets were not being “used for” commercial activity within FSIA Section 1610(a)
• TERRORISM
  In challenge by Islamic relief organization to its “Specially Designated Global Terrorist” designation, District of Columbia Circuit upholds listing based on enough record evidence that U.S. and Sudanese entities were unified organizations