Browse the archives

Browse the articles in this issue.

• ATTORNEY CLIENT PRIVILEGE
  In copyright infringement case against German media conglomerate, Ninth Circuit rules that, in civil case in which party seeks outright disclosure of attorney client communications under crime fraud exception: (1) both parties have right to present evidence to district court, and (2) party seeking disclosure must prove by preponderance of evidence that exception applies; and (3) on facts of this case, Plaintiffs have not established crime fraud exception
• CRIMINAL LAW
  Ninth Circuit rules that Protect Act does not apply to criminal sexual acts of U.S. pedophile who committed them in Cambodia because his foreign travel had ended before enactment of the Act
• ELEVENTH AMENDMENT
  In bankruptcy proceeding brought by foreign government agency in New York federal court to recover assets of failed foreign banks seized by New York Superintendent of Banks, Second Circuit rejects New York agency’s defense of immunity from suit under Eleventh Amendment
• EUROPEAN UNION (CUSTOMS )
  In referral from Dutch court for advisory opinion under Article 234EC, European Court of Justice holds that Applicant’s obtaining of higher definitive refunds from Dutch government for importing cheese to be sold in U.S. market some of which was immediately re exported to Canada where refunds were lower requires national courts to secure proof that exporter intentionally abused refund laws before they demand that Applicant repay excess refunds
• EXTRADITION
  Fourth Circuit holds that Foreign Affairs Reform and Restructuring Act (FARR) deprives federal court of jurisdiction to decline extradition on allegations of future possible violations of U.N. Convention against Torture
• LETTERS ROGATORY
  With respect to district court’s compliance with letters rogatory from Panamanian court seeking information on assets of Panamanian citizen residing in Florida, Eleventh Circuit upholds lower court’s power and its exercise of discretion under 28 U.S.C. Section 1782
• MARITIME JURISDICTION
  In appeal of U.S. capture of stateless drug laden vessel in international waters, First Circuit finds that Maritime Drug Law Enforcement Act (MDLEA) does not require jurisdictional nexus with U.S.
• MILITARY JURISDICTION
  Ninth Circuit holds that Military Extraterritorial Jurisdiction Act (MEJA) gave district court power to try Defendant for killing her husband on U.S. base in Turkey but reverses her conviction for voluntary manslaughter for district court’s failure to instruct jury that they might convict Defendant of involuntary manslaughter
• WORLD TRADE ORGANIZATION
  WTO compliance panel finds that United States continues to violate WTO trading rules and Panel recommendations by failing to prosecute unlawful internet gambling by domestic providers but barring such gambling by foreign providers