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26 Apr 2012, 7:00 am by Elizabeth Samson
”) International occupation law determines the exercise of authority in a territory by combining three requirements for “effective control” (a term of art with no definite source in international law): the territory is “actually placed under the authority of the hostile army[,]” and “authority has been established and can be exercised” (Hague Regulations, Art. 42); the state in power “exercises the functions of government in such territory”… [read post]
10 Nov 2008, 6:39 pm
Sun Oil Co., 319 U.S. 315, 332-34, 63 S.Ct. 1098, 1106-07 (1943), on the grounds that judicial dissolution of corporations is a matter uniquely to be addressed by the New York state courts. [read post]
30 Jan 2007, 3:28 am
Galveston City Company, 111 U.S. 170 (1884), the United States Supreme Court observed that the limitations defense of an agent would also protect those on whose behalf the agent acted as agent. 111 U.S. at 174 ("But manifestly the statute of limitations that barred the claims against Menard . . . would equally protect those on whose behalf Menard acted as agent"). [read post]