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.

Ocean travel, Laws, regulations and rules, Cruise lines

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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.

International aspects, Exterritoriality, Extraterritoriality, international

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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.

Compromise and settlement, Settlements (Law), Case Note, Consent decrees, Jails

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