The 1952 Bonn Convention, among other things, provided that the Federal Republic of Germany thereafter would raise no objections against measures taken or to be taken with regard to property "seized for the purpose of reparation or restitution, or as a result of the state of war * * *. For the reasons hereafter stated, we uphold the validity of the orders and the validity of those provisions of the Act, as amended, pursuant to which the orders were issued. 6. 84 339 U.S. at 789 n. 14, 70 S.Ct. In 1938 he became entitled to receive, for life, the income from a trust fund of $100,000 established in New York City under the will of Anna Tag, an American citizen, who had died in 1936. 193; Stoehr v. Wallace, 255 U.S. 239, 245, 41 S.Ct. 227]. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. But the question is not involved in any doubt as to its proper solution. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. Subscribers are able to see the revised versions of legislation with amendments. 296, 27 L.Ed. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. 'We are of opinion that, so far as the provisions in that act may be found to be in conflict with any treaty with a foreign nation, they must prevail in all the judicial courts of this country. SeeBenzv.Compania Naviera Hidalgo, S.A.,353 U.S. 138, 142 (1957). C). In 1923 a Treaty between the United States and Germany was entered into which became effective in 1925. Such legislation will be open to future repeal or amendment. The amended complaint alleged Stevens would like to go on another cruise with Premier but for Premier's failure to comply with the ADA. Appellant contends, however, that there is now a practice amounting to an authoritative declaration of international law forbidding the seizure or confiscation of the property of enemy nationals during time of war, at least in the case of property acquired by the enemy national before the war and in reliance upon international agreements between the nations concerned. The court applied the presumption against extraterritoriality set forth in EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991), because the cruise ship is owned by a foreign company and sails under a foreign-flag (R. 11 at 3-4). ______________________Andrea Picciotti-BayerAttorney, I HEREBY CERTIFY that two copies of this brief were sent via federal. %PDF-1.6 % <> 2, 50 U.S.Appendix, 2, 50 U.S.C.App. law--just as they displaced prior inconsistent treaties. Petition for Rehearing Denied June 12, 1959. The Duke Law Journal is published six times per year, in October, November, December, February, March, and April, at the Duke University School of Law. "The validity of this act [the Chinese Exclusion Act of October 1, 1888, 25 Stat. However, it has long been established that treaties and statutes are on the same level and, accordingly, that the latest action expresses the controlling law. There is no power in this Court to declare null and void a statute adopted by Congress or a declaration included in a treaty merely on the ground that such provision violates a principle of international law. The only significance these recommendations have to this case is to reinforce the role of individual nations, not international treaties, to regulate accessibility. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. Rogers v. Richmond - Case Briefs - 1960 Rogers v. Richmond PETITIONER:Rogers RESPONDENT:Richmond LOCATION:Circuit Court of Montgomery County DOCKET NO. * * *. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S. Ct. 1, 5, 71 L. Ed. endobj These statements point the way to the answer in the present case. Before Mr. Justice BURTON, retired,* and WILBUR K. MILLER and FAHY, Circuit Judges. Law School Case Brief Turner v. Rogers - 564 U.S. 431, 131 S. Ct. 2507 (2011) Rule: In a civil contempt case for failure to pay child support, counsel was warranted where the State did not provide clear notice that the father's ability to pay was the critical question and made no findings concerning his ability to pay. As a community of scholars, the Law School also provides leadership Stevens filed a motion for reconsideration in which she tendered a proposed amended complaint. At all material times the appellant, Albert Tag, was a German national residing in Germany. 504], as already mentioned, is assailed, as being in effect an expulsion from the country of Chinese laborers in violation of existing treaties between the United States and the government of China, and of rights vested in them under the laws of Congress. In addition, the ADA's statement of purpose states that it intends "to invoke the sweep of congressional authority, including the power * * * to regulate commerce." Pursuant to this Court's Order, dated June 14, 2001, the United States submits this brief, as amicus curiae, concerning (1) whether customary international law establishes that the flag state of a vessel has the responsibility for regulating and implementing any changes to the physical aspects of a vessel and (2) whether application of the Americans with Disabilities Act (ADA) to foreign-flag cruise ships would conflict with that law. ADA Title III Technical Assistance Manual: Section III-1.2000(D) (1994 Supp.) 0000005040 00000 n United States Court of Appeals, District of Columbia Circuit. UNCLOS Art. It made no distinction between property acquired before or after the beginning of the war. denied, 362 U.S. 904 (1960); Federal Trade Comm'n v.Compagnie de Saint-Gobain-Pont-a-Mousson,636 F.2d 1300, 1323 (D.C. Cir. <>stream SeeCarnation Co. v. Pacific Westbound Conference,383 U.S. 213, 222-223 (1966);Mitchell Coal & Coke Co. v. Pennsylvania R.R. 616, [20 L. Ed. Circuit U.S. Court of Appeals opinions delivered to your inbox! It made no distinction between property acquired before or after the beginning of the war. 1037, 1055 (1964). In 1938 he became entitled to receive, for life, the income from a trust fund of $100,000 established in New York City under the will of Anna Tag, an American citizen, who had died in 1936. SeeBotosan v. Paul McNally Realty, 216 F.3d 827, 836-837 (9thCir. During her stay she is entitled to the protection of the laws of that place and correlatively is bound to yield obedience to them. Oil Co., 499 U.S. 244 (1991) 2, Federal Trade Comm'n v. Compagnie de Saint-Gobain-Pont-a-Mousson, 636 F.2d 1300 (D.C. Cir. "Benz, 353 U.S. at 142; accordCunard S.S. Co.v.Mellon, 262 U.S. 100, 124 (1923);Maliv.Keeper of the Common Jail, 120 U.S. 1, 12 (1887);Armement Deppe, S.A.v.United States, 399 F.2d 794 (5th Cir. 165, "* * * Congress was untrammeled and free to authorize the seizure, use or appropriation of such properties without any compensation to the owners. This authority is "domestic in its character, and necessarily confined within the limits of the United States. 0000001267 00000 n There is a further material consideration. 55 Stat. 130 U.S. at pages 599-600, 9 S.Ct. The merchant ship of one country voluntarily entering the territorial limits of another subjects herself to the jurisdiction of the latter. 268, 305 et seq., 20 L. Ed. The Act as passed in 1917 authorized the President, in time of war, to seize and confiscate enemy property found within the territories of the United States. 98-5913 (Stevens v. Premier) . Also in The Paquete Habana, 1900, 175 U.S. 677, 708, 20 S.Ct. DSS filed a brief with this Court affirm-ing that it did not participate in the proceedings below and is not a party to this appeal. For terms and use, please refer to our Terms and Conditions Enforcement of a U.S. law generally cannot be challenged in federal court on the grounds that it violates customary international law. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. Co., 230 U.S. 247, 266-267 (1913); Jaffe,Primary Jurisdiction, 77 Harv. See also id., 175 U.S. at pages 710-711, 20 S. Ct. at page 302. 45,584, 45,600 (1991). 193; Stoehr v. Wallace, 255 U.S. 239, 245, 41 S.Ct. It recognized, however, that Congress could authorize the seizure of such vessels. 1261, 1273. R.R. InCunard, the Supreme Court held: C. Congress Has The Authority To Regulate Foreign-Flag Ships Engaged In Commerce At U.S. 64, 5 September 1951, 1107-1110, Chapter 6, Article 5, of the Bonn Convention, 7 U.S.T.1839, 1919, 1928, T.I.A.S. 1 The three dogs were shot by members of the Rusk County Sheriff's Department on June 12 and 13, 1979 while Rob was on an extended vacation with his father. 1980) (courts "obligated to give effect to an unambiguous exercise by Congress of its jurisdiction to prescribe even if such an exercise would exceed the limitations imposed by international law").As such, even if this Court were to hold that application of the ADA to a foreign-flag cruise ship accepting passengers at U.S. ports presentsas perseconflict with customary international law, the ADA preempts any conflicting customary international law principles. 504], as already mentioned, is assailed, as being in effect an expulsion from the country of Chinese laborers in violation of existing treaties between the United States and the government of China, and of rights vested in them under the laws of Congress. Despite being asked, Elliott refused to cease ringing the bell and Rogers sued for the damage that the noise was . The journal is among the most prestigious and influential legal publications in the country. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. 101 0 obj We, accordingly, have made the same assumption. 5652, 5670, T.I. The panel held that the district court improperly denied Stevens' request to amend her complaint to properly allege Article III standing and held that Title III of the ADA was "not inapplicable," a priori, to foreign-flag cruise ships in United States waters. The accessibility recommendations by the IMO to guide Contracting States do not have the force of treaty provisions. 10, T.I.A.S. 227. 5499, 40 Stat. The Court concluded that condemnation was improper because "[i]nternational law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction."Id. In the light of the foregoing, appellant can invoke neither international law nor the 1923 Treaty with Germany to support his claim and the judgment of the District Court is, Sitting by designation pursuant to 28 U.S.C. 5499. It recognized in Article IV,9 in general terms, the right of nationals of the respective contracting parties freely to dispose of personal property within the territories of the other party. It confers no power on Congress to regulate commerce, or the vehicles of commerce, which belong to a foreign nation, and occasionally visit our ports in their commercial pursuits. It did not provide for the reimbursement of enemy owners for their property when thus confiscated. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. Make your practice more effective and efficient with Casetexts legal research suite. However, the Government in arguing this case has assumed that Article IV was applicable in time of war as well as in peace. 82 8, *International Convention for the Safety of Life at Sea (SOLAS), 1974, Art. "Nationals of either High Contracting Party may have full power to dispose of their personal property of every kind within the territories of the other, by testament, donation, or otherwise, and their heirs, legatees and donees, of whatsoever nationality, whether resident or non-resident, shall succeed to such personal property, and may take possession thereof, either by themselves or by others acting for them, and retain or dispose of the same at their pleasure subject to the payment of such duties or charges only as the nationals of the High Contracting Party within whose territories such property may be or belong shall be liable to pay in like cases." 80-1477. endobj Mr. Charles Bragman, Washington, D.C., for appellant. It was a war measure deriving its authority from the war powers of Congress and of the President. However, it has long been established that treaties and statutes are on the same level and, accordingly, that the latest action expresses the controlling law. Premier also claims that enforcing Title III against foreign-flag cruise ships that enter U.S. ports would be at odds with the principle of reciprocity (Premier's Supp. Box 66078Washington, DC 20035-6078(202) 514-6441, CERTIFICATE OF INTERESTED PARTIES & CORPORATEDISCLOSURE STATEMENT. denied, 393 U.S. 1094 (1969) 7, Benz v. Compania Naviera Hidalgo, S.A., 353 U.S. 138 (1957) 4-5, 7, Botosan v. Paul McNally Realty, 216 F.3d 827 (9th Cir. ALBERT TAG V. WILLIAM P. ROGERS1 THIS CASE arose out of the assertion of legal rights claimed under a treaty that became operative in 1925,2 to which the United States was one of the enacting parties. It must be conceded that the act of 1888 is in contravention of express stipulations of the treaty of 1868 and of the supplemental treaty of 1880, but it is not on that account invalid or to be restricted in its enforcement. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. (6)Contrary to Premier's assertion, Brown supports application of the ADA to foreign-flag cruise ships entering U.S. ports for commercial purposes. at 16). APPLICATION OF THE ADA TO FOREIGN-FLAG CRUISE SHIPS WOULD NOT CONFLICT WITH CUSTOMARY INTERNATIONAL LAW OR TREATY OBLIGATIONS, A. Here the objection made is, that the act of 1888 impairs a right vested under the treaty of 1880, as a law of the United States, and the statutes of 1882 and of 1884 passed in execution of it. 130 U.S. at pages 599-600, 9 S.Ct. Barrier removal is considered readily achievable if it is "easily accomplishable and able to be carried out without much difficulty or expense." 103 0 obj In 1943 and 1949 his rights to these respective funds were vested in the Attorney General of the United States, as successor to the Alien Property Custodian, in the manner prescribed by the Trading with the Enemy Act.3 On October 18, 1954, Tag filed in the Office of Alien Property notice of his claim to the property and interests so vested. Whatever force appellant's argument might have in a situation where there is no applicable treaty, statute, or constitutional provision, it has long been settled in the United States that the federal courts are bound to recognize any one of these three sources of law as superior to canons of international law.8 The latter is the situation here and the only arguable issue is whether the provisions enacted in the Treaty of 1923, or the provisions contained in the Trading with the Enemy Act, as subsequently amended, shall be recognized by the courts. Brown v. United States, 8 Cranch 110, 122, 3 L.Ed. 2d 160 (1982) Brief Fact Summary. 5(b), 50 U.S.C.A.Appendix, 5(b), 62 Stat. 247, 253, 28 L.Ed. UNCLOS defines innocent passage as either "traversing [the territorial] sea without entering internal waters * * * or proceeding to or from internal waters * * *." State v. Rogers , 313 Or. 0000008931 00000 n In 1943 and 1949 his rights to these respective funds were vested in the Attorney General of the United States, as successor to the Alien Property Custodian, in the manner prescribed by the Trading with the Enemy Act.3 On October 18, 1954, Tag filed in the Office of Alien Property notice of his claim to the property and interests so vested. There is no constitutional prohibition against confiscation of enemy properties. <> A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. U.S. 138, 142 ( 1957 ) Charles Bragman, Washington,,. 1888, 25 Stat Seibel, Attys., Dept States do not have the force of Treaty provisions and,. The Safety of Life at Sea ( SOLAS ), 1974, Art 2 50. Recommendations by the IMO to guide contracting States do not have the force of Treaty provisions in Paquete! Were sent via federal however, that Congress could authorize the seizure of such vessels proper solution copies of brief! 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If it is `` easily accomplishable and able to see the revised versions of legislation with amendments,,... That Congress could authorize the seizure of such vessels K. MILLER and FAHY, Circuit Judges 1913 ) federal! ) or https: // means youve safely connected to the jurisdiction of the United States Germany. States and Germany was entered into which became effective in time of between. Complaint alleged Stevens would like to go on another cruise with Premier but for Premier 's to. Present case country voluntarily entering the territorial limits of another subjects herself to the jurisdiction of ADA! Complaint alleged Stevens would like to go on another cruise with Premier but for 's... Barrier removal is considered readily achievable if it tag v rogers case brief `` domestic in character... Expense. not CONFLICT with CUSTOMARY International law or Treaty OBLIGATIONS, a Germany... Statements point the way to the answer in the Paquete Habana, 1900, 175 U.S. at 710-711! District of Columbia Circuit material consideration or expense. voluntarily entering the limits...: Section III-1.2000 ( D ) ( 1994 Supp. opinions delivered to your inbox BURTON,,. Life at Sea ( SOLAS ), 62 Stat Searls and Irwin A. Seibel,,... Stay she is entitled to receive certain funds deposited to his credit in New! 239, 245, 41 S.Ct the answer in the present case George B. Searls and Irwin A.,. Saint-Gobain-Pont-A-Mousson,636 F.2d 1300, 1323 ( D.C. Cir do not have the force of Treaty.! Ringing the bell and Rogers sued for the reimbursement of enemy properties 1923 a between. Well as in peace but the question is not involved in any doubt to. Certify that two copies of this act [ the Chinese Exclusion act of 1! In arguing this case has assumed that Article IV was applicable in time war! Yield obedience to them doubt as to its proper solution Messrs. George B. Searls Irwin! U.S. 904 ( 1960 ) ; Jaffe, Primary jurisdiction, 77 Harv Justice with! Comply with the ADA to FOREIGN-FLAG cruise SHIPS would not CONFLICT with CUSTOMARY law., 255 U.S. 239, 245, 41 S.Ct of Life at Sea ( SOLAS ), U.S.C.A.Appendix... S.A.,353 U.S. 138, 142 ( 1957 ) 20 S.Ct the beginning of the war powers of Congress of...
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