Laws leave passengers shipwrecked
Article Abstract:
The law poorly serves passengers on cruise boats by applying 19th-century standards to a highly sophisticated and lucrative venture in an industry where consumers' rights and remedies are expanding. Most cruise contracts include fine print establishing unfavorable forums and choice of law for any complaints, which must also be brought in unusually short time. Passengers should avoid ships' medical personnel, who are often contractors based abroad, and should obtain good travel insurance.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Jurisdiction and the extraterritorial application of antitrust laws after Hartford Fire
Article Abstract:
The subject matter jurisdiction characterization approach, used by the US Supreme Court in Hartford Fire Insurance Co. v. California, concerning antitrust violations in the international market, is based on flawed concepts. Courts should return to the earlier legislative jurisdiction characterization for conceptual clarity and consistency and add the jurisdictional rule of reason and interest balancing to the approach as they have been adopted in international conflict of laws.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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Keeping Rufo in its cell: the modification of antitrust consent decrees after Rufo v. Inmates of Suffolk County Jail
Article Abstract:
Antitrust consent decrees can be modified along the lines of two different models. These are the flexible judicial act model based on the Rufo decision and the contract model, exemplified by the United Shoe and Swift decisions, which utilizes a purpose test. A flexible standard may be a preferable approach, but it must be considered carefully by the courts, since they have unusual latitude in these cases given the divergent standards involved.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1997
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