American International Law Cases Fourth Series 2009 Volume 2

Download or read book AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 2 written by Oceana Editorial Board and published by . This book was released on 2010-12-24 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Two of AILC consists of cases concerning territories, trusteeships, boundaries and navigable waters, covering marine torts and crimes and death on the high seas by wrongful act. Also covered are procedural aspects, including in personam jurisdiction, extraterritoriality, and forum selection clauses. In Atlantic Sounding Co., Inc. v. Edgar L. Townsend, the issue was whether an injured seaman may recover punitive damages for his employer's willful failure to pay maintenance and cure. The court ruled that punitive damages were available as a matter of general maritime law. The issue in Jose Marcial Reyes-Fuentes, et al., v. Shannon Produce Farm, Inc., et al. was whether the Fair Labor Standards Act's (FLSA) provision provides a cause of action to foreign workers located abroad who are denied re-hire in retaliation for exercising their rights under the FLSA. The court ruled that neither the FLSA nor general extraterritoriality principles stand in the way of the plaintiffs' retaliation claim.