International Law and Immigration
Ca. Int'l Law Journal SPRING 2014, VOL. 22, NO. 1
Content
- Contents
- Editor's Comments
- Global Legal Research
- Going Overboard: the Criminalization of Seafarers in Violation of Their Human Rights, Regional and Domestic Law's Conflict with Unclos and Marpol, and the Need for Reform
- Greetings From the Chair of the International Law Section
- If You Conduct Business On a Transnational Scale, Don't Leave Home Without An Anti-Bribery Compliance Program
- Immigrant Investor Visas and Diversification: An Application of Modern Portfolio Theory to Eb-5 Regional Centers
- Is It Time to Revise Your Company's Personal Data Privacy Policies? New Legislation Demonstrates China Is Serious About Personal Data Privacy
- Masthead
- Practitioner's Spotlight: Professor Niels W. Frenzen
- Recent Proposed Amendments to China's Patent Law: Will It Help to Improve the Enforceability of Patents in China?
- The California Cap-and-Trade Program's Linkage with Quebec: An Application of Conflict and Field Preemption
- The State Bar of California 87th Annual Meeting
- The International Trial Lawyer - 2013 Year in Review
The International Trial Lawyer – 2013 Year in Review
By Mark W. Danis and Jessica A. Roberts*
Looking back at 2013, a unifying thread in many federal cases involving international civil disputes was "location, location, location." The exact whereabouts of a challenged tort or transaction was under the microscope in determining who won and who lost. In these same cases, courts either embraced, or artfully sidestepped, the presumption against the extraterritorial application of U.S. laws.
This past year also yielded one of the first appellate decisions interpreting the protection of the federal SPEECH ("Securing the Protection of our Enduring and Established Constitutional Heritage") Act1against "libel tourism"—a situation in which litigants forum shop and obtain defamation judgments in countries with weak free speech protections, and then seek to enforce those judgments in the United States.
Finally, not to be ignored, the Vatican entered a fierce forum selection battle in a dispute that ended favorably for the Holy See.