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The NOPEC Bill, which passed the House, would have repealed the Act of State Doctrine with respect to the petroleum industry.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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A Climate Change Policy With No Teeth

The academy, politicians, and environmental law nerds have been abuzz the last few days about the possibility of President Bush putting forward a climate change policy showing significant movement from his prior positions. I guess we can all harbor hope. If one was expecting any major policy pronouncement, however, one would have been sorely disappointed with yesterday’s Rose Garden ceremony.   

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Justice Denied

George W. Bush became governor of Texas in 1994, when he upset the popular incumbent, Ann Richards. The following September, my client, Carl Johnson, was scheduled for execution.

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E-Commerce should not be over-regulated

We wake up one morning and discover that a question we have been asking for the last decade or two may now be the wrong one. The question was: how can we use law to enable businesses to use e-commerce? The question now seems to be: how can we shape law to support e-commerce without over-regulating it?

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Saving The Environment, One Transaction At A Time

Can you be an environmentalist and a business supporter at the same time? Environmental groups believe it’s possible, even after decades of litigation and open warfare with business interests. 

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Response to David Crump

Dear David, 

Of course the DOJ had clients.  We called them “the people.”

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Hole vs. Donut: A response to Darren Bush

Darren, the Stracher piece is a mild call for a corrective to a skewed educational system. Yes, there are occasions for intellectual debate in the law. But they are rare, compared to other things.

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Being a lawyer is NOT about intellectual debate??

I read Stracher’s piece this morning, and was devastated to discover that being a lawyer is not about intellectual debate. 

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We need Federal Law to Protect Gays and Lesbians from Discrimination

With the Democrats retaking the House and Senate, the gay and lesbian community, like many interest groups, is hoping that issues important to it will be addressed. Though gay marriage seems to be the issue “du jour” for our community; in reality we should be paying attention to protection from employment discrimination. . .

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Election 2006 - Has Houston's Environment Finally Become a Political Issue?

While Democrats celebrate their national victory and talk of a change in direction in Iraq, another important issue may have been decisive in the race for State District 134 here in Houston. Despite winning two previous terms in a Republican leaning state district, Republican Representative Martha Wong was decisively turned out of office on Nov. 7, in favor of Democratic candidate Ellen Cohen. Moreover the margin of victory surprised all of the pundits.  Did Martha Wong lose because she didn't protect Houston's environment?

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Separate is NEVER Equal -- Even in Jersey

The New Jersey Supreme Court might have thought it was dropping a bombshell when it ruled that gay and lesbian committed couples deserved the same legal benefits as heterosexual married couples under the state’s constitution. But the justices achieved something else: they fired off a dud.

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It's Easy and Wrong to Blame Immigrants for Crime

The airline industry has a term for what Houston wants to do about illegal immigrants and the crimes they commit. When pilots make the wrong decisions because of a real or perceived need to rush through their tasks, they are said to have experienced the “hurry-up syndrome.” Inevitably, the end result is a calamity.

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Antitrust in Dallas

A letter to four ranking Congressmen gets to the heart of the antitrust issues surrounding the supercharged plans involving airfields in Dallas.

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Innocence as a Death-Penalty Distraction

For too many years now, death penalty opponents have seized on the nightmare of executing an innocent man as a tactic to erode support for capital punishment in America. Innocence is a distraction.

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An Unsafe Harbor On Detainee Treatment

Unsafe Harbor: The GOP 'Compromise' on Detainee Treatment

Congressional adoption of the recent “compromise” between three Republican Senators and President Bush does not provide proper legal guidance to U.S. interrogators, and adherence merely to its standards would place the United States in violation of common Article 3 and other provisions of the 1949 Geneva Conventions,  not to mention similar provisions in several other international treaties and instruments and customary international law. Those who would authorize, abet, or implement the “compromise” language in violation of common Article 3 would be subject to criminal and civil sanctions outside the United States in any foreign forum and in certain international courts.

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