Guns and Campuses: A Dangerous Combination

It is time once again for the discussion about whether students should be permitted to pack heat on a college campus.  See http://www.chron.com/disp/story.mpl/ap/tx/5885729.html.  

My thoughts on this issue have not changed.  As was stated in the op-ed I wrote (see below), allowing students to carry guns on a Texas college’s campus is a dangerous threat to higher education in Texas...

 

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Abolish the Act of State doctrine?

Imagine what would happen if an American President were to persuade Congress to abolish the Act of State doctrine. Presumably, the President would follow this step by “tough negotiations” conducted with the Saudis, which would be convened either “with or without preconditions.” .

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Original jurisdiction of the Supreme Court etc.

Congress cannot obviate original jurisdiction of the Supreme Court, but it can sometimes limit the jurisdiction of lower federal courts – but can it do so in such a manner as to unconstitutionally thwart “judicial power” based in the U.S. Constitution., Art. III? 

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Note: Banco Nacional de Cuba v. Sabbatino

According to Gary Born, International Civil Litigation in U.S. Courts (3d ed, 1996), at 688, Sabbatino relied in significant part on domestic separation of powers considerations.  

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NOPEC Clarified

The NOPEC Bill, which passed the House, would have repealed the Act of State Doctrine with respect to the petroleum industry. The bill was defeated in the Senate. President Bush (unrelated) threatened a veto.  

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Questions for Prof. Bush

I wasn’t aware of the SD Texas case – was it brought by an affected party, or by the government? Does it raise the FSIA issue the of commercial activities exception to sovereign immunity? 

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Cartels are evil. (Response to Prof. Zamora)

As you know, the MOST recent lawsuit against OPEC is In Re Petroleum Products Antitrust Litigation, MDL No. 1886, currently in the Southern District of Texas.  Of course, there are serious obstacles in terms of an antitrust suit against OPEC

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Response to Darren Bush op-ed

The last time OPEC was sued over price fixing (IAM v. OPEC, in the 1970s), the U.S. District Court ruled that OPEC lacked legal personality to be sued as an entity. 

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Sue OPEC?

In an op-ed published in the LA TIMES, Darren Bush and co-authors Harry First and John J. Flynn advance the notion that the brazen actions of the OPEC cartel run afoul of U.S. antitrust laws.
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