Search for: "Banco Nacional de Cuba v. Sabbatino" Results 1 - 10 of 10
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5 Feb 2021, 10:21 am by Michael C. Dorf
To be clear, I'm not saying the ruling is wrong; I am saying that the case ought to have occasioned more angst than it apparently did.The key provision of the FSIA mirrors one that was enacted in response to the Supreme Court's decision in allowing Cuba to raise so-called act-of-state immunity in Banco Nacional de Cuba v. [read post]
7 Jan 2015, 5:14 am
In the leading case of Banco Nacional de Cuba v. [read post]
23 Oct 2006, 3:43 am by Tobias Thienel
Accordingly, Article 14 demands that all disputes involving a person’s ‘rights and obligations’ be capable of submission to judicial settlement, or else that any dismissal in such a case be justified in accordance with the implicit requirements of the right of access, viz. the proportionate application of rules of law pursuing a legitimate aim.But now on the doctrine itself:The act of state doctrine prevents American courts – ‘federal and state courts alike’… [read post]
9 Apr 2010, 7:46 pm by Perry Herzfeld
She also considered that the same result would be reached by considering the factors said to be relevant by the US Supreme Court in Banco Nacional de Cuba v Sabbatino 376 US 398 (1964). [read post]
12 Mar 2020, 8:07 am by Preston Lim
As described by Justice John Marshall Harlan in Banco Nacional de Cuba v. [read post]