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Foreign seizures : Sabbatino and the act of state doctrine / by Eugene F. Mooney.

By: Material type: TextTextSeries: University of Kentucky StudyPublication details: [Lexington] : University of Kentucky Press, (c)1967.Description: 1 online resource (191 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780813163826
Subject(s): Genre/Form: LOC classification:
  • K7207 .F674 1967
  • JX4263
Online resources: Available additional physical forms:
Contents:
Subject: The United States Supreme Court framed a unique legal doctrine on foreign seizure of American-owned property in the case of Banco Nacional de Cuba volume Sabbatino in 1963. This ruling has far-reaching implications for international law, American foreign policy, and the role of the Court in both domestic and international arenas of power. Disagreeing with the Court's decisions, Eugene F. Mooney undertakes to place the Act of State Doctrine in its proper historical, jurisprudential, and political perspective. Mooney argues forcefully that the dogmatic application of the Act of State Doctrine is ind.
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Holdings
Item type Current library Collection Call number URL Status Date due Barcode
Online Book (LOGIN USING YOUR MY CIU LOGIN AND PASSWORD) Online Book (LOGIN USING YOUR MY CIU LOGIN AND PASSWORD) G. Allen Fleece Library ONLINE Non-fiction K7207 (Browse shelf(Opens below)) Link to resource Available ocn900345241

Includes bibliographies and index.

Cover; Title; Copyright; Contents; INTRODUCTION; 1. GENESIS OF THE ACT OF STATE DOCTRINE; 2. SOUTH AMERICAN SEIZURES; The Sovereign Immunity Theme; The International Full Faith and Credit Theme; The Rule for Decision Theme; Overriding National Policy; 3. EUROPEAN SEIZURES; Communist Extraterritorial Confiscations; Early Soviet Seizures; Soviet Seizures since Diplomatic Recognition; West European-Nazi Seizures; The Nazi Seizures; The Bernstein Affair; 4. THE SABBATINO CASE; Precipitating Events; The Lower Court Decisions; The Supreme Court Decision; Justice White's Dissent.

Analytical Comparison of the Majority Minority Opinions5. SABBATINO AFTERMATH; Constitutional Problems; Legislature versus Judiciary-the Hickenlooper Amendment; Congress' ""Foreign Affairs"" Power; Congress' Power over Federal Courts; Modes of International Claims Settlements; 6. A NEW JUDICIAL POLICY BASIS; American Foreign Policy; American Pattern of Private Foreign Investment; Stock and Flow; Direction; Redirection after Castro; CODA; APPENDIXES; I.A Bibliography of Scholarly Comment on the Act of State Doctrine, the Sabbatino Case, and the Hickenlooper Amendment.

II. International Pattern of Application of the Act of State DoctrineTABLE OF CASES; INDEX; A; B; C; D; E; F; H; I; J; K; L; M; N; O; P; R; S; T; U; V; W.

The United States Supreme Court framed a unique legal doctrine on foreign seizure of American-owned property in the case of Banco Nacional de Cuba volume Sabbatino in 1963. This ruling has far-reaching implications for international law, American foreign policy, and the role of the Court in both domestic and international arenas of power. Disagreeing with the Court's decisions, Eugene F. Mooney undertakes to place the Act of State Doctrine in its proper historical, jurisprudential, and political perspective. Mooney argues forcefully that the dogmatic application of the Act of State Doctrine is ind.

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