tag v rogers case brief
See also The Chinese Exclusion Case (Chae Chan Ping v. U.S.), 1889, 130 U.S. 581, 599-600, 9 S.Ct. It was a war measure deriving its authority from the war powers of Congress and of the President. The district court may look to the ADA regulations for land-based facilities or the PVAAC recommendations - both of which establish standards for new construction and alteration - for guidance in fashioning appropriate relief should Stevens prevail. APPLICATION OF THE ADA TO FOREIGN-FLAG CRUISE SHIPS WOULD NOT CONFLICT WITH CUSTOMARY INTERNATIONAL LAW OR TREATY OBLIGATIONS, A. There is no constitutional prohibition against confiscation of enemy properties. See also Larry W. Kaye & Jeffrey B. Maltzman,'Twas the Night Before Regulations: Foreign-Flag Cruise Ships and theADA, 75 Tul. 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. 63.14 That law provided that the right, title and interest of German nationals in German external assets were extinguished as of the time of their vesting. Decided February 26, 1951. 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. 55 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. Get Rogers v. Miles Laboratories, Inc., 802 P.2d 1346 (1991), Washington Supreme Court, case facts, key issues, and holdings and reasonings online today. Subscribers are able to see a visualisation of a case and its relationships to other cases. Markham v. Cabell, 1945, 326 U.S. 404, 413 et seq., 66 S.Ct. v. Argued Feb. 4, 1959.Decided May 21, 1959.Petition for Rehearing En Banc Denied June 12, 1959. endstream xref B at 660; Title III Technical Assistance Manual III-1.2000(D) (1994 Supp.) 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.7 It applied to property owned by nationals of an enemy nation as well as to property owned by an enemy nation itself. Box 66078Washington, DC 20035-6078(202) 514-6441, CERTIFICATE OF INTERESTED PARTIES & CORPORATEDISCLOSURE STATEMENT. 411, 50 U.S.C.App. endobj On June 14, 2001, this Court requested supplemental briefing by the parties regarding (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 to foreign-flag cruise ships would conflict with that law. 1 et seq., 50 U.S.C.A.Appendix, 1 et seq. Melissa D. Conway, Cleveland, Ohio, 92/70 speed, fine $110, court costs $130, case was waived by defendant. 227. 5652, 5670, T.I.A.S. 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 War Claims Act of 1948 added 39 to the Act prohibiting the return of vested property to certain classifications of German nationals. Make your practice more effective and efficient with Casetexts legal research suite. Art. Petition for Rehearing En Banc Denied June 12, 1959. 12188; 42 U.S.C. She has not claimed that Premier violated the ADA by failing to comply with ADA regulations governing land-based facilities or by failing to implement PVAAC's proposed standards. 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. Get Cline v. Rogers, 87 F.3d 176 (1996), United States Court of Appeals for the Sixth Circuit, case facts, key issues, and holdings and reasonings online today. 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. Brown v. United States, 8 Cranch 110, 122, 3 L. Ed. 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. at 12-15). 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. Their argument reflects a mistaken understanding of primary jurisdiction, which is a doctrine specifically applicable to claims properly cognizable in court that contain some issue within the special competence of an administrative agency. 99 0 obj 0000005910 00000 n 39, 50 U.S.C.A.Appendix, 39, "The validity of this act [the Chinese Exclusion Act of October 1, 1888, 25 Stat. An official website of the United States government. PORTS 5, A. We had supposed that the question here raised was set at rest in this court by the decision in the case of The Cherokee Tobacco, 11 Wall. * * * "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." The facts are not in controversy. On October 18, 1954, Tag filed in the Office of Alien Property notice of his claim to the property and interests so vested. The United States has adopted the principle originally established by European nations -- namely that the aboriginal tribes of Indians in North America are not regarded as the owners of the territories which they respectively occupied. It recognized, however, that Congress could authorize the seizure of such vessels. endobj law--just as they displaced prior inconsistent treaties. 574, 582 (S.D. at 949. 268, 305 et seq., 20 L.Ed. The United States has not ratified UNCLOS, but has accepted it as customary international law in most respects. L. Rev. Amendments emphasize the Government's right of seizure and confiscation. (U.S. Br. 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. 839, 50 U.S.C.App. Such legislation will be open to future repeal or amendment. For terms and use, please refer to our Terms and Conditions That law provided that the right, title and interest of German nationals in German external assets were extinguished as of the time of their vesting. For example, the United Nations Convention on the Law of the Sea (UNCLOS), draws a distinction between the regulation of vessels in "innocent passage" through a State's territorial sea and vessels entering a State's internal waters. Appellant contends that the Treaty precludes the adoption of amendatory legislation by Congress, at least insofar as such legislation would authorize the seizure and confiscation by the United States of property of its enemies who, as individuals, had acquired the property before World War II in reliance upon treaty provisions entered into before the war. Brown v. United States, 8 Cranch 110, 122, 3 L.Ed. (6)Contrary to Premier's assertion, Brown supports application of the ADA to foreign-flag cruise ships entering U.S. ports for commercial purposes. That said, customaryinternational law also gives States broad authority to regulate ships that enter their ports. 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 there 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. Share sensitive information only on official, secure websites. (7)As Congress directed the Department of Justice to issue regulations to implement Title III, see 42 U.S.C. 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. Petition for Rehearing Denied June 12, 1959. Written and curated by real attorneys at Quimbee. .5i^Bg@jTt(PrP3Ds&O$$sgpqlL?G'i.y9tL85:nt7u"? The Department of Transportation has similarly determined that the United States "appears to have jurisdiction to apply ADA requirements to foreign-flag cruise ships that call in U.S. ports" except to the extent that enforcing ADA requirements would conflict with a treaty. At all material times the appellant, Albert Tag, was a German national residing in Germany. 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. note 51. 504; Miller v. United States, 11 Wall. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. It made no distinction between property acquired before or after the beginning of the war. Requiring cruise ships providing services to U.S. passengers at U.S. ports to ensure barriers to accessibility have been removed is an entirely different matter. 0000000896 00000 n He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. Synopsis of Rule of Law. 296, 27 L.Ed. 10, 1983); Letter of Transmittal from President Clinton to the Senate, 140 Cong. Cal. Once a policy has been declared in a treaty or statute, it is the duty of the federal courts to accept as law the latest expression of policy made by the constitutionally authorized policy-making authority. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. In the alternative, he sought compensation for the properties and interests thus taken from him. Ports 8, II. In fact, the Bonn Convention gave support to Allied High Commission Law No. 12181-12189, against Premier Cruises, Inc., the owner and operator of a cruise ship in connection with a cruise she took on Premier's vessel in May 1998 (R. In fact, the Bonn Convention gave support to Allied High Commission Law No. Tag's appeal is from those orders. Application Of The ADA Does Not, As A Matter Of Law, Conflict With U.S. Treaty Obligations 12, C. Application of the ADA Does Not Violate The Primary Jurisdiction Doctrine 15, D. Application Of The ADA Does Not, As A Matter Of Law, Conflict With The Principle Of Reciprocity 16, E. The ADA's "Barrier Removal" Provision Is Not Vague 18, Armement Deppe, S.A. v. United States, 399 F.2d 794 (5th Cir. Albert Karl TAG, Appellant, v. William P. ROGERS, Attorney General, and Dallas S. Townsend, Assistant Attorney General, Appellees. 5(b), 50 U.S.C.A.Appendix, 5(b), 62 Stat. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S.Ct. endobj Pres. at page 627, Convention on the Settlement of Matters Arising out of the War and the Occupation (Bonn Convention), May 26, 1952 (as amended by Schedule IV to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954), 6 U.S.T. Pres. denied, 362 U.S. 904 (1960) 11, *The Paquete Habana, 175 U.S. 677 (1900) 10, United States v. Locke, 529 U.S. 89 (2000) 17, United States v. Louisiana, 394 U.S. 11 (1969) 6, United States v. Western Pac. Were it true, as Premier asserts, that customary international law prohibited States from regulating matters affecting the design and construction of foreign flag ships as a condition of port entry, then UNCLOS would not limit its prohibition on regulation of design and construction to ships in "innocent passage" but would extend it more broadly. 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. If the treaty operates by its own force, and relates to a subject within the power of Congress, it can be deemed in that particular only the equivalent of a legislative act, to be repealed or modified at the pleasure of Congress. 1068. 103 0 obj 94 30 The only significance these recommendations have to this case is to reinforce the role of individual nations, not international treaties, to regulate accessibility. The application of Title III's "barrier removal" provisions to foreign-flag cruise ships seeking to provide services to people at U.S. ports is consistent with this principle and does not,a priori,conflict with any U.S. treaty obligations. International House of Pancakes Franchisee,844 F. Supp. 320, the Court found that peaceful fishing vessels were exempt from confiscation by reason of international law. Also in The Paquete Habana, 1900, 175 U.S. 677, 708, 20 S. Ct. 290, 44 L. Ed. When, however, a constitutional agency adopts a policy contrary to a trend in international law or to a treaty or prior statute, the courts must accept the latest act of that agency. Barrier removal is considered readily achievable if it is "easily accomplishable and able to be carried out without much difficulty or expense." 1261, 1273 (1985). 45,584, 45,600 (Sept. 6, 1991). 290, 304, 44 L.Ed. These statements point the way to the answer in the present case. II. 1, 5, 71 L.Ed. Rogers v. United States. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. "In short, we are of opinion that, so far as a treaty made by the United States with any foreign nation can become the subject of a judicial cognizance in the courts of this country, it is subject to such acts as Congress may pass for its enforcement, modification, or repeal." Washington, DC 20035-6078 (202) 514-6441 CASE NO. 2d 160 (1982) Brief Fact Summary. Among the Law School's unique strengths are an extensive network of interdisciplinary 97 0 obj 102 0 obj The objection that the act is in conflict with the treaties was earnestly pressed in the court below, and the answer to it constitutes the principal part of its opinion. 0000008881 00000 n 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. This case concerns the validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act.1 Their validity is attacked principally on the ground that they were issued in alleged violation of the 1923 Treaty of Friendship, Commerce and Consular Rights between the United States and Germany.2 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. 3303 are satisfied, the Coast Guard will continue to accept a valid certificate of inspection from the ship's flag State. SeeUnited States v. Louisiana, 394 U.S. 11, 40 (1969);Commentary - The 1982 United Nations Convention on the Law of the Sea and the Agreement on Implementation of Part XI, Feb. 1995; 34 I.L.M. 98 0 obj Also in The Paquete Habana, 1900, 175 U.S. 677, 708, 20 S.Ct. 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From confiscation by reason of international law in most respects regulate ships that enter their ports et,. Right of seizure and confiscation https: //www.quimbee.com/case-briefs- ( 7 ) as Congress directed the Department Justice. 413 et seq., 50 U.S.C.A.Appendix, 5 ( b ), 50 U.S.C.A.Appendix, 1 et seq. 66... Just as they displaced prior inconsistent treaties to 223 casebooks https:.... These statements point the way to the answer in the tag v rogers case brief, sought! Material times the appellant, v. William P. ROGERS, Attorney General, and Dallas S. Townsend, Assistant General. Irwin A. Seibel, Attys., Dept prohibiting the return of vested property to certain classifications German... Cranch 110, 122, 3 L. Ed said, customaryinternational law also gives States broad to! Has NOT ratified UNCLOS, but has accepted it as CUSTOMARY international law Chemical Foundation, Inc. 1926! The properties and interests thus taken from him of a case and its relationships to other cases 110,,... 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