Us Extraterritorial Jurisdiction: The Helms-burton and D'Amato Acts

1997 ◽  
Vol 46 (2) ◽  
pp. 378-390 ◽  
Author(s):  
Vaughan Lowe

The history of clashes over extraterritorial jurisdiction between the United States of America and other States in the Americas, Europe and elsewhere is a long one. That history is commonly traced back to the antitrust claims arising from the Alcoa case in 1945, in which the “effects” doctrine was advanced in the peculiar and objectionable form in which it is applied, not simply to acts which constitute elements of a single offence but which occur in different jurisdictions but, rather, to the economic repercussions of acts in one State which are felt in another. The conflict persisted into the 1950s, with the clashes over US regulation of the international shipping and paper industries. In the 1960s and 1970s there were further clashes in relation to the extraterritorial application of US competition laws, notably in disputes over shipping regulation and the notorious Uranium Antitrust litigation, in which US laws were applied to penalise the extraterritorial conduct of non-US companies, conducted with the approval of their national governments, at a time when those companies were barred by US law from trading in the United States. It was that litigation which was in large measure responsible for the adoption in the United Kingdom of the Protection of Trading Interests Act 1980, which significantly extended the powers which the British government had asserted in the 1952 Shipping Contracts and Commercial Documents Act to defend British interests against US extraterritorial claims.

Author(s):  
JOÃO DE PINA-CABRAL

Charles Boxer's Race Relations in the Portuguese Colonial Empire, 1415–1825, which came out nearly half a century ago, has found a readership beyond the circle of those interested in the history of Portuguese overseas expansion. Boxer was perfectly conscious, as he produced it, of the impact his essay would have. He found in the discourse of race an instrument of mediation that allowed him to continue to develop his favoured topics of research in the United States in the 1960s and 1970s. The response to Boxer's book points to the highly charged atmosphere that continues to surround all debates concerning ‘race’ and, in particular, those that compare North American notions of race with those that can be observed elsewhere in the world. This chapter attempts to shed new light on what caused such a longstanding cross-cultural misinterpretation.


2019 ◽  
Vol 6 (2) ◽  
pp. 179-198 ◽  
Author(s):  
Heather Marie Akou

Since their invention in the 1930s, t-shirts have become one of the most common styles of casual clothing in the United States ‐ worn by all ages, genders and social classes. Although ‘graphic’ t-shirts have existed for decades, twenty-first-century technologies have made them much faster and easier to produce. Students protesting the Vietnam War in the 1960s and 1970s wore black armbands and grew their hair long; today, students (and activists of all ages) are more likely to wear political t-shirts. In a time when anyone with modest computer skills can design a graphic and get t-shirts professionally printed and shipped in just two or three days, this medium for self- and group-expression is well-suited to the turbulence of politics. This article explores the recent history of political t-shirts in the United States in two parts. The first focuses on legislation and legal rulings, including a case heard by the US Supreme Court in 2018 regarding whether activists can wear political t-shirts in polling places (a space where any kind of campaign activity is generally forbidden). The second part explores the definition of a ‘political’ t-shirt. This section is grounded in a study of t-shirts that are currently turning up in thrift shops in Bloomington, IN ‐ a small, politically active community in a conservative state that voted for Obama in 2008 and then Trump in 2016.


Author(s):  
M. B. Konashev

This study presents a small part of the epistolary heritage of an outstanding biologist, geneticist, and evolutionist, F.G. Dobrzhansky, which is of interest for not only geneticists but also anyone interested in the history of our country. In the correspondence of Feodosiy Grigorievich with B.L. Astaurov, D.K. Belyaev, R.L. Berg, N.N. Vorontsov, G.F. Gauze, B.M. Zavadovsky, N.P. Dubinin, G.D. Karpechenko, Yu.Ya. Kerkis, G.A. Levitsky, Zh.A. Medvedev, N.N. Medvedev, N.I. Vavilov, S.Ya. Paramonov, M.N. Rimsky-Korsakov, A.S Serebrovsky, V.N. Soifer, Yu. A. Filipchenko, I.I. Shmalgauzen, A.V. Yablokov, and other scientists, significant events have been discussed, which took place in Russian and foreign academic and university science of the 1960s and 1970s, as well as the fate of Russian immigrants in the United States.


Daedalus ◽  
2012 ◽  
Vol 141 (1) ◽  
pp. 89-100
Author(s):  
Linda K. Kerber

The old law of domestic relations and the system known as coverture have shaped marriage practices in the United States and have limited women's membership in the constitutional community. This system of law predates the Revolution, but it lingers in U.S. legal tradition even today. After describing coverture and the old law of domestic relations, this essay considers how the received narrative of women's place in U.S. history often obscures the story of women's and men's efforts to overthrow this oppressive regime, and also the story of the continuing efforts of men and some women to stabilize and protect it. The essay also questions the paradoxes built into American law: for example, how do we reconcile the strictures of coverture with the founders' care in defining rights-holders as “persons” rather than “men”? Citing a number of court cases from the early days of the republic to the present, the essay describes the 1960s and 1970s shift in legal interpretation of women's rights and obligations. However, recent developments – in abortion laws, for example – invite inquiry as to how full the change is that we have accomplished. The history of coverture and the way it affects legal, political, and cultural practice today is another American narrative that needs to be better understood.


Author(s):  
Mike Nellis

Since its operational beginnings in the United States in 1982—where its prototypes were first experimented with in the 1960s and 1970s—the electronic monitoring (EM) of offenders has spread to approximately 40 countries around the world, ostensibly—but not often effectively—to reduce the use of imprisonment by making bail, community supervision, and release from prison more controlling than they have hitherto been. No single authority monitors the development of EM around the world, and it is difficult to gain fully comprehensive accounts of what is happening outside the Western and Anglophone users of it. Some countries are secretive. Standpoints in writing on EM are varied and partisan. Although it still tends to be the pacesetter of technical innovation, the United States remains a relatively lower user of EM, in part because the exceptional punitiveness of its penal culture has inhibited its expansion, even when it has itself been developed in various punitive ways. Interprofessional and intergovernmental processes of “policy transfer” have contributed to EMs spreading around the world, but the commercial bodies that manufacture and market EM equipment have been of at least equal importance. In Europe, the Confederation of European Probation (CEP), a transnational probation advocacy organization, took an early interest in EM, and its regular conferences became a touchstone of international debate. As it developed globally, the United Nations reluctantly accepted that it may be of some value even in developing countries and set out standards for its use. Continuing innovations in EM technology will create new possibilities for offender supervision, both more and less punitive, but it is always culture, commerce, and politics in particular jurisdictions which shape the scale, pace, and form of its development.


Author(s):  
Dominic Standish

Rodney Marsh is a British footballer who found his sporting success in his home country and the United States in the 1960s and 1970s. This chapter frames Marsh as a maverick, as a result of his drinking, womanizing, gambling, but also his blatant disregard for the rules of the game and society. Largely based on Marsh’s own words, from interviews and his autobiography, the chapter examines the ways Marsh was understood as a maverick in the sport of football.


Author(s):  
Brian Cremins

After Fawcett’s legal settlement with National in 1953, the original Captain Marvel did not return to comic books until 1973. In the meantime, comic book fans and amateur historians began writing about the character in the 1960s. This chapter traces Captain Marvel’s afterlife in these fanzines, publications that helped to establish the foundation for comics studies in the United States. The chapter also includes an overview of recent developments in the field of memory and nostalgia studies. These recent studies of the history of nostalgia in medicine, psychology, and the arts are essential for an understanding of how childhood memories have shaped comics studies as a discipline.


Author(s):  
Pamela E. Pennock

As we approach the third decade of the twenty-first century, the United States continues to wrestle with defining its role in Middle East conflicts and fully accepting and fairly treating Arab and Muslim Americans. In this contentious and often ill-informed climate, it is crucial to appreciate the struggles, priorities, and accomplishments of Arab Americans over the past several decades, both what has set them apart and what has integrated them into the politics and culture of the United States. Arab American organizing in the environment of minority rights movements in the 1960s and 1970s fostered a heightened consciousness of and pride in Arab American identity....


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