Constitutional Law. Treaty Clause. District Court Holds That NAFTA Is a Valid Exercise of the Foreign Commerce Power. Made in the USA Foundation v. United States, 56 F. Supp. 2d 1226 (N. D. Ala. 1999)

On 28th October 1976 an ex parte order was made in the High Court, Queen's Bench Division, under section 2 of the Evidence (Proceedings in Other jurisdictions) Act 1975, giving effect to letters rogatory issued out of the United States District Court for the Eastern District of Virginia, Richmond Division, at the instance of Westinghouse Electric Corporation (Westing- "house"). In the Richmond Court Westinghouse are defendants in a number of actions (civil proceedings) consolidated in that court, by utility companies producing electricity, alleging breaches of contract by Westinghouse for the supply of uranium and claiming very large sums in damages. Westinghouse put forward.(inter alia) a defence of commercial impracticability arising from an alleged uranium producers' cartel.

A Numerical Study of the Current COVID-19 Spread Patterns in India, the USA and the World

10.1101/2020.10.05.20206839 ◽

2020 ◽

Cited By ~ 3

Author(s):

Hemanta K. Baruah

Keyword(s):

United States ◽

Numerical Study ◽

The United States ◽

Rate Of Change ◽

The World ◽

The Usa ◽

Spread Pattern ◽

Made In

AbstractIn this article, we are going to study the current COVID-19 spread patterns in India and the United States. We are interested to show how the daily increase in the total number of cases in these two countries is affecting the COVID-19 spread pattern in the World. For the study, we have considered the cumulative total numbers of cases in India, the United States and the World. We have found that the situation in the United States is already on the threshold of a change towards retardation. In the World as a whole also we have observed that a similar conclusion can be made. In India, the situation can be expected to move towards betterment soon, and once that happens the situation in the World as a whole would start improving. We shall demonstrate that as long as the rate of change of the logarithm of the cumulative total number of cases with respect to time in a pandemic continues to reduce, the pattern of growth would continue to remain nearly exponential, and as soon as it is seen that the rate of change starts to become nearly constant the growth can be expected to start to change towards a nearly logarithmic pattern.

National Courts and Human Rights—The Fujii Case

The American Journal of International Law ◽

10.2307/2194783 ◽

1951 ◽

Vol 45 (1) ◽

pp. 62-82 ◽

Cited By ~ 4

Author(s):

Quincy Wright

Keyword(s):

United States ◽

Human Rights ◽

Constitutional Law ◽

The United States ◽

The State ◽

District Court ◽

State Legislation ◽

Court Of Appeals ◽

National Courts ◽

United Nations Charter

In the case of Sei Fujii v. The State, the District Court of Appeals of California held that a State statute which prohibited aliens ineligible to citizenship from acquiring land within the State was “in direct conflict with the plain terms” of provisions concerning human rights in the United Nations Charter, a treaty binding upon the United States. Consequently, land granted to a Japanese in 1948 did not escheat to the State. The case involves important questions of United States constitutional law, of international law, and of legal policy.On the issue of constitutional law the opinion follows a long and unbroken tradition that if State legislation conflicts with obligations undertaken by the United States in a treaty, the legislation will not be applied by the courts. The terms of Article 6, paragraph 2, of the Constitution are unambiguous: … all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

Extradition statute—constitutional law—separation of powers—injunction against U.S. Government— class action: Lobue v. Christopher. 893 F.Supp. 65.

The American Journal of International Law ◽

10.2307/2203757 ◽

1996 ◽

Vol 90 (1) ◽

pp. 102-105

Author(s):

Judith Hippler Bello ◽

Jacques Semmelman

Keyword(s):

United States ◽

Constitutional Law ◽

Separation Of Powers ◽

District Of Columbia ◽

The United States ◽

Class Action ◽

District Court ◽

Department Of State ◽

Secretary Of State ◽

Northern District

U.S. District Court, D.C., August 31, 1995; modified September 15, 1995.This action involved a constitutional challenge to the 147-year-old extradition statute, 18 U.S.C. §3184, on die ground that it violates the separation of powers. Plaintiffs were two individuals who had been found extraditable to Canada, pursuant to the extradition treaty between die United States and Canada, by a U.S. magistrate judge in the Northern District of Illinois. They brought an action in the District of Columbia against the Secretary of State, the Department of State, and the United States for a judgment declaring the extradition statute unconstitutional, and an injunction against their extradition. Plaintiffs also sought certification of a class consisting of persons who are or will be under threat of extradition from the United States pursuant to the statute, and an injunction against any such extradition. The court held (per Lamberth, J.) that (1) the extradition statute violates the separation of powers and is therefore unconstitutional; (2) the United States is enjoined from taking any further act toward the surrender of the plaintiffs to Canada; and (3) the proposed class is certified, and the United States is enjoined from surrendering anyone under the statute.

Constitutional Law in 1917–1918. I: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1917

American Political Science Review ◽

10.2307/1945796 ◽

1919 ◽

Vol 13 (1) ◽

pp. 47-77

Author(s):

Thomas Reed Powell

Keyword(s):

United States ◽

Supreme Court ◽

Child Labor ◽

Constitutional Law ◽

Labor Law ◽

The United States ◽

Majority Opinion ◽

The Supreme Court ◽

Constitutional Decisions ◽

Foreign Commerce

The federal Child Labor Law was declared unconstitutional in Hammer v. Dagenhart by a vote of five to four. It forbade the transportation in interstate or foreign commerce of the product of any mine or quarry “in which within thirty days prior to the time of the removal of such product therefrom children under the age of sixteen years have been employed or permitted to work,” with similar prohibitions covering the products of mills and factories in which children under fourteen were employed or children under sixteen were employed more than eight hours a day. The majority opinion misinterpreted the statute and assumed that it permitted goods “to be freely shipped after thirty days from the time of their removal from the factory,” whereas it permitted only the shipment of stock on hand thirty days after children had ceased to be employed. The law was so framed as to avoid the necessity of proof that children coöperated in the making of specific articles produced in a factory in which children were employed, and yet to remove any ban on shipment from an establishment which for thirty days had employed only adult labor.

The Significance of the Requirement of Double Criminality in the Law of Extradition

Israel Law Review ◽

10.1017/s0021223700005057 ◽

1975 ◽

Vol 10 (1) ◽

pp. 51-80 ◽

Cited By ~ 3

Author(s):

S. Z. Feller

Keyword(s):

United States ◽

New Orleans ◽

Federal Court ◽

The United States ◽

Criminal Code ◽

District Court ◽

Tel Aviv ◽

The Government ◽

Foreign Commerce ◽

The Town

This was an appeal from a decision of the Tel-Aviv-Yafo District Court, declaring the appellant Ross to be liable to extradition on the Attorney General's petition presented at the request of the Government of the United States.The appellant had been indicted before the Federal Court of the Eastern District of Louisiana on two charges, namely, transportation of a person in interstate and foreign commerce and receiving ransom money, in contravention of, respectively, secs. 1201 and 1202, chap. 18, para. 55, of the Federal Criminal Code. It was alleged that on August 21, 1972, the said Ross, being in possession of a revolver had kidnapped the two and a half year old Diana Cando Creon from her parents' home in the town of Pueblo (Mexico); that between that date and September 12 of the same year he had taken the child across international and interstate borders, from Mexico to the United States and, within the United States, from New Orleans, Louisiana to Biloxi, Mississippi; that he had illegally detained her throughout this period for the purpose of obtaining ransom, conducting negotiations to that effect with her father; and that he eventually succeeded in obtaining, in return for her release, the sum of U.S. $ 105,000—after which the little girl was found safe and sound in a hotel in Biloxi.

Constitution, Court, Indian Tribes

American Bar Foundation Research Journal ◽

10.1111/j.1747-4469.1987.tb00531.x ◽

1987 ◽

Vol 12 (1) ◽

pp. 1-140 ◽

Cited By ~ 19

Author(s):

Milner S. Ball

Keyword(s):

United States ◽

Native American ◽

Constitutional Law ◽

The United States ◽

The Other ◽

Native American Tribes ◽

Indian Tribes ◽

Made In

We claim that the “constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.” But we also claim to recognize the sovereignty of Native American nations, the original occupants of the land. These claims—one to jurisdictional monopoly, the other to jurisdictional multiplicity— are irreconcilable. Two hundred years have produced no resolution of the contradiction except at the expense of the tribes and the loss to non-Indians of the Indians' gift of their diflerence. This article explores the bearing of American constitutional law upon Native American tribes.

Emigrant Psychoanalysts in the USA and the FBI Archives

Psychoanalysis and History ◽

10.3366/pah.2004.6.1.75 ◽

2004 ◽

Vol 6 (1) ◽

pp. 75-92 ◽

Cited By ~ 4

Author(s):

James E. Goggin

Keyword(s):

United States ◽

Civil Rights ◽

National Socialism ◽

Cultural Context ◽

Due Process ◽

The United States ◽

External Threats ◽

The Usa ◽

The Rich ◽

New Nation

Interest in the fate of the German psychoanalysts who had to flee Hitler's Germany and find refuge in a new nation, such as the United States, has increased. The ‘émigré research’ shows that several themes recur: (1) the theme of ‘loss’ of one's culture, homeland, language, and family; and (2) the ambiva-lent welcome these émigrés received in their new country. We describe the political-social-cultural context that existed in the United States during the 1930s, 1940s and 1950s. Documentary evidence found in the FBI files of three émigré psychoanalysts, Clara Happel, Martin Grotjahn, and Otto Fenichel, are then presented in combination with other source material. This provides a provisional impression of how each of these three individuals experienced their emigration. As such, it gives us elements of a history. The FBI documents suggest that the American atmosphere of political insecurity and fear-based ethnocentric nationalism may have reinforced their old fears of National Socialism, and contributed to their inclination to inhibit or seal off parts of them-selves and their personal histories in order to adapt to their new home and become Americanized. They abandoned the rich social, cultural, political tradition that was part of European psychoanalysis. Finally, we look at these elements of a history in order to ask a larger question about the appropriate balance between a liberal democratic government's right to protect itself from internal and external threats on the one hand, or crossover into the blatant invasion of civil rights and due process on the other.

Sandra Ramos Revisited

Latin American and Latinx Visual Culture ◽

10.1525/lavc.2020.2.4.32 ◽

2020 ◽

Vol 2 (4) ◽

pp. 32-54

Author(s):

Silvia Spitta

Keyword(s):

United States ◽

The United States ◽

Ancient Greek ◽

Graphic Arts ◽

Left Behind ◽

The World ◽

The Usa ◽

Political Choices ◽

The Rich

Sandra Ramos (b. 1969) is one of the few artists to reflect critically on both sides of the Cuban di-lemma, fully embodying the etymological origins of the word in ancient Greek: di-, meaning twice, and lemma, denoting a form of argument involving a choice between equally unfavorable alternatives. Throughout her works she shines a light on the dilemmas faced by Cubans whether in Cuba or the United States, underlining the bad personal and political choices people face in both countries. During the hard 1990s, while still in Havana, the artist focused on the traumatic one-way journey into exile by thousands, as well as the experience of profound abandonment experienced by those who were left behind on the island. Today she lives in Miami and operates a studio there as well as one in Havana. Her initial disorientation in the USA has morphed into an acerbic representation and critique of the current administration and a deep concern with the environmental collapse we face. A buffoonlike Trumpito has joined el Bobo de Abela and Liborio in her gallery of comic characters derived from the rich Cuban graphic arts tradition where she was formed. While Cuba is now represented as a rotten cake with menacing flies hovering over it ready to pounce, a bombastic Trumpito marches across the world stage, trampling everything underfoot, a dollar sign for a face.

Russian Federation and the United States of America: geostrategic directions to manage the Ukrainian crisis

Tikrit Journal For Political Science ◽

10.25130/poltic.v0i16.143 ◽

2019 ◽

pp. 123

Author(s):

Attarid Awadh Abdulhameed

Keyword(s):

United States ◽

European Union ◽

National Security ◽

Russian Federation ◽

United States Of America ◽

The United States ◽

The European Union ◽

The Usa ◽

Ukrainian Crisis ◽

Zero Sum

Ukrainia Remains of huge importance to Russian Strategy because of its Strategic importance. For being a privileged Postion in new Eurasia, without its existence there would be no logical resons for eastward Expansion by European Powers. As well as in Connection with the progress of Ukrainian is no less important for the USA (VSD, NDI, CIA, or pentagon) and the European Union with all organs, and this is announced by John Kerry. There has always ben Russian Fear and Fear of any move by NATO or USA in the area that it poses a threat to Russians national Security and its independent role and in funence on its forces especially the Navy Forces. There for, the Crisis manyement was not Zero sum game, there are gains and offset losses, but Russia does not accept this and want a Zero Sun game because the USA. And European exteance is a Foot hold in Regin Which Russian sees as a threat to its national security and want to monopolize control in the strategic Qirim.