Law School Case Brief Turner v. Rogers - 564 U.S. 431, 131 S. Ct. 2507 (2011) Rule: In a civil contempt case for failure to pay child support, counsel was warranted where the State did not provide clear notice that the father's ability to pay was the critical question and made no findings concerning his ability to pay. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Its mission is to prepare students for responsible and productive lives in the +H1V{f{RS}M;C1wVF#!u][:-p*e$(RB5VIhs*bQ +OrQ>eLsL@8&!e1& Bpde2GWv? Citation22 Ill.459 U.S. 899, 103 S. Ct. 198, 74 L. Ed. : 40 DECIDED BY: Warren Court (1958-1962) LOWER COURT: United States Court of Appeals for the Second Circuit CITATION: 365 US 534 (1961) ARGUED: Nov 08, 1960 / Nov 09, 1960 DECIDED: Mar 20, 1961 In 1956 the Director of that office dismissed the claim on the ground that Tag, being an enemy within the meaning of 2 of the Act,4 was not entitled to the return of the vested property or interests under 32 of the Act.5 Moreover, the time within which to seek a review6 of the Director's dismissal of Tag's claim had expired before Tag filed either a claim or a suit to recover the property. He asked the court to enjoin Rogers and Townsend from denying his claims to the vested funds. 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. 529 U.S. at 97. E.The ADA's "Barrier Removal" Provision Is Not Vague. It made no distinction between property acquired before or after the beginning of the war. 227. 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. Rob lived on his 80-acre wooded tract of land approximately fourteen miles outside Ladysmith, Wisconsin with his three dogs and lion. The Court did not address whether the "principle of reciprocity" had any legal significance in the proceeding. 1993) 18-19, Port of Boston Marine Terminal Ass'n v. Rederiaktiebolaget Transatlantic, 400 U.S. 62 (1970) 16, Ricci v. Chicago Mercantile Exchange, 409 U.S. 289 (1973) 16, Saint-Gobain-Pont-a-Mousson, 636 F.2d 1300 (D.C. Cir. ALBERT TAG V. WILLIAM P. ROGERS1 THIS CASE arose out of the assertion of legal rights claimed under a treaty that became operative in 1925,2 to which the United States was one of the enacting parties. 1, 5, 71 L.Ed. 604; White v. Mechanics Securities Corp., 269 U.S. 283, 300, 46 S.Ct. 411, 50 U.S.C.App. 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. 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. 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. 565, 572 (1998). 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. 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. ][d\Z its academic programs and professional schools together have attained an international 10837, amended August 20, 1943, 8 Fed.Reg. <]/Prev 140973>> 0000008252 00000 n v. Reagan, 859 F.2d 929 (D.C. Cir. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. The owner sought compensation from the United States, asserting that customary international law prohibits the seizure of boats engaged in coastal fishing. "United States v. Locke, 529 U.S. 89, 102 (2000); see also 46 U.S.C. At all material times the appellant, Albert Tag, was a German national residing in Germany. Defendant Herbert L. Rogers was arrested in his home on Dec. 16, 1975 at about 10:15 a.m. as a suspect in a liquor store robbery committed by two youths on Feb. 7, 1975. 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. The court applied the presumption against extraterritoriality set forth in EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991), because the cruise ship is owned by a foreign company and sails under a foreign-flag (R. 11 at 3-4). Atty., Dept. B at 660; Title III Technical Assistance Manual III-1.2000(D) (1994 Supp.) Official websites use .gov 12181(7). The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. Petition for Rehearing En Banc Denied June 12, 1959. 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. SeeCommittee of United States Citizens Living In Nicar. 411, as amended, 50 U.S.C.App. 99 0 obj Also in The Paquete Habana, 1900, 175 U.S. 677, 708, 20 S.Ct. 567 (1846), was a case in which the Supreme Court of the United States holding that a white man, adopted into an Indian tribe, does not become exempt from the enforcement of the laws prohibiting murder. At all material times the appellant, Albert Tag, was a German national residing in Germany. 7. At all material times the appellant, Albert Tag, was a German national residing in Germany. Box 66078Washington, DC 20035-6078(202) 514-6441, CERTIFICATE OF INTERESTED PARTIES & CORPORATEDISCLOSURE STATEMENT. 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. Petition for Rehearing En Banc Denied June 12, 1959. 293, 65 L.Ed. <> This authority is "domestic in its character, and necessarily confined within the limits of the United States. By the Constitution, laws made in pursuance thereof and treaties made under the authority of the United States are both declared to be the supreme law of the land, and no paramount authority is given to one over the other. * * *. 623, 32 L.Ed. The inexperienced teller mistook the date on the check as the amount payable to Rogers. It applied to property owned by nationals of an enemy nation as well as to property owned by an enemy nation itself. 320, the Court found that peaceful fishing vessels were exempt from confiscation by reason of international law. 320 (1900); Tag v. Rogers. 1, 5, 71 L.Ed. PORTS 5, A. .5i^Bg@jTt(PrP3Ds&O$$sgpqlL?G'i.y9tL85:nt7u"? Title III Technical Assistance Manual III-1.2000(D) (1994 Supp.) 1988) 11, *Cunard S.S. Co. v. Mellon, 262 U.S. 100 (1923) 7, EEOC v. Arabian Amer. 268, 305 et seq., 20 L. Ed. 50 U.S.C.App. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. 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. 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. Duke Law Journal He presented some evidence of his inability to work, but the court made no finding as to Turner's indigent status. 12101(b)(4). Amendments emphasize the Government's right of seizure and confiscation. 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. 84 339 U.S. at 789 n. 14, 70 S.Ct. Kiara E. Wharton, Columbus, Ohio, 90/70 speed, fine $70, court costs . 1400 (1995) 6, Convention on the High Seas, Apr. "There are, however, important mid-twentieth century cases, notably Cook v. United States, 288 U.S. 102 (1933), and Bill Co. v. United States, 104 F.2d 67 (1939), which considerably . 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. It was a war measure deriving its authority from the war powers of Congress and of the President. 275." Rec. See also The Chinese Exclusion Case (Chae Chan Ping v. U.S.), 1889, 130 U.S. 581, 599-600, 9 S.Ct. at 198. In 1923 a Treaty between the United States and Germany was entered into. Pres. 0000001355 00000 n 1959), cert. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. 98-5913 (Stevens v. Premier) . Appellant further contends that any seizure or confiscation of the property of an enemy national made by the United States contrary to the above declaration of international law is as null and void as though it were made in violation of the Constitution of the United States. We, accordingly, have made the same assumption. 1261, 1274 (1985). The final action in this field is found in the 1956 Treaty of Friendship, Commerce and Navigation between the United States and Germany. Br. Brief Fact Summary. 96 0 obj This case concerns the validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act. Written and curated by real attorneys at Quimbee. However, the Government in arguing this case has assumed that Article IV was applicable in time of war as well as in peace. In determining whether the patent laws should apply to the ship's master, the Court noted that the authority under which Congress enacted the patent laws provides that Congress shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.Ibid. Albert Karl TAG, Appellant, v. William P. ROGERS, Attorney General, and Dallas S. Townsend, Assistant Attorney General, Appellees. Stevens v. Premier Cruises, Inc., 215 F.3d 1237, 1243 (11thCir. In addition, the ADA's statement of purpose states that it intends "to invoke the sweep of congressional authority, including the power * * * to regulate commerce." Br. CUSTOMARY INTERNATIONAL LAW DOES NOT PROHIBIT THE UNITED STATES FROM REGULATING THE DESIGN AND CONSTRUCTION OF SHIPS ENTERING U.S. 193, 90 L.Ed. as Amicus, Addendum). As an initial matter, the relevance of customary international law and treaties to this case is necessarily limited to Stevens' allegations that Premier violated the ADA by failing to remove architectural barriers to accessibility. 1 et seq., 50 U.S.C.A.Appendix, 1 et seq. 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. 83-349. No. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S.Ct. Mr. Charles Bragman, Washington, D.C., for appellant. 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. Albert Karl TAG, Appellant, v. William P. ROGERS, Attorney General, and Dallas S. Townsend, Assistant Attorney General, Appellees. P. 29(d) and Eleventh Circuit Rule 29-2, the attached amicus brief was prepared using WordPerfect 9 and contains 4,820 words of proportionally spaced type. SeeCarnation Co. v. Pacific Westbound Conference,383 U.S. 213, 222-223 (1966);Mitchell Coal & Coke Co. v. Pennsylvania R.R. 0000008785 00000 n Synopsis of Rule of Law. SeeUnited States v.Western Pac. 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. On June 22, 2000, this Court reversed the district court's dismissal of Stevens' complaint. 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. 275.' Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-. 18, 21 I.L.M. 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. Customary international law generally defers to a State to regulate the physical structure of ships under its flag. 504; Miller v. United States, 11 Wall. 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. <>/ProcSet 120 0 R/XObject 99 0 R>> This contention is without merit. The effect of treaties and acts of Congress, when in conflict, is not settled by the Constitution. <> InCunard, the Supreme Court held: C. Congress Has The Authority To Regulate Foreign-Flag Ships Engaged In Commerce At U.S. The issue is thus presented whether subsequent Acts of Congress shall be recognized in our federal courts rather than earlier conflicting provisions of a treaty. 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. 13730, dated August 25, 1949, 14 Fed.Reg. x$(0 =O denied, 362 U.S. 904 (1960); Federal Trade Comm'n v.Compagnie de Saint-Gobain-Pont-a-Mousson,636 F.2d 1300, 1323 (D.C. Cir. 1 et seq., 50 U.S.C.A.Appendix, 1 et seq. 0000008052 00000 n The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. 383 (Mar. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. at 16). We, accordingly, have made the same assumption. Washington, DC 20035-6078 (202) 514-6441 CASE NO. 1980) (courts "obligated to give effect to an unambiguous exercise by Congress of its jurisdiction to prescribe even if such an exercise would exceed the limitations imposed by international law").As such, even if this Court were to hold that application of the ADA to a foreign-flag cruise ship accepting passengers at U.S. ports presentsas perseconflict with customary international law, the ADA preempts any conflicting customary international law principles. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Mr. Charles Bragman, Washington, D.C., for appellant. * * *. 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. 29, 1958, Art. However, the Government in arguing this case has assumed that Article IV was applicable in time of war, Request a trial to view additional results, Natural Resources Defense Council, Inc. v. Nuclear Regulatory Com'n, No. Patricia Wallace Allen & OveryHunton & Williams 10 East 50thStreet1111 Brickell Ave., Suite 2500 New York, NY 10022Miami, Florida 33131, Carolyn Doppelt Gray Matthew W. DietzEpstein Becker & Green, P.C. 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. 5(b), 50 U.S.C.A.Appendix, 5(b), 62 Stat. 411, 50 U.S.C.App. 0000006640 00000 n Although Duke University is young by comparison to other major American universities, 1988) (rejecting argument that continued funding by Congress of "Contras" in Nicaragua in violation of an International Court of Justice judgment violated customary international law principle that nations must obey the rulings of an international court); Tag v. Rogers, 267 F.2d 664, 666 (D.C. Cir. 1. "* * * Congress was untrammeled and free to authorize the seizure, use or appropriation of such properties without any compensation to the owners. DSS Opp. 1980) 11, Grayned v. City of Rockford, 408 U.S. 104 (1972) 18, Mali v.Keeper of the Common Jail, 120 U.S. 1 (1887) 7, McCulloch v. Sociedad Nacional de Marineros de Honduras, 372 U.S. 10 (1963) 4, 6, McLain v. Real Estate Bd. (6)Contrary to Premier's assertion, Brown supports application of the ADA to foreign-flag cruise ships entering U.S. ports for commercial purposes. 290, 302, 44 L.Ed. 275." 6. 42 U.S.C. Deprivation of the right to fair warning can result both from vague statutory language and from an unforeseeable and retroactive judicial expansion of statutory language that . 1870, dated July 21, 1943, 8 Fed.Reg. The ADA Overrides Principles Of Customary International Law. 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. Chapter 6, Article 5, of the Bonn Convention. 1980) 12, Stevens v. Premier Cruises, Inc., 215 F.3d 1237 (11th Cir. He asked the court to enjoin Rogers and Townsend from denying his claims to the vested funds. Lockeinvolved regulations adopted by the State of Washington applied to oil tankers, both foreign and domestic, entering state waters. VLEX uses login cookies to provide you with a better browsing experience. 32, 50 U.S.C.A.Appendix, 32, 50 U.S.C.App.(Supp. 268, 305 et seq., 20 L.Ed. 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. See also id., 175 U.S. at pages 710-711, 20 S. Ct. at page 302. 7 U.S.T. ACCEPT. 3303 are satisfied, the Coast Guard will continue to accept a valid certificate of inspection from the ship's flag State. However, the Government in arguing this case has assumed that Article IV was applicable in time of war as well as in peace. D). This case concerns the validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act. 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. "This rule of international law is one which prize courts, administering the law of nations, are bound to take judicial notice of, and to give effect to, in the absence of any treaty or other public act of their own government in relation to the matter." (U.S. Br. Before Mr. Justice BURTON, retired,* and WILBUR K. MILLER and FAHY, Circuit Judges. 1246, 50 U.S.C.App. Get free summaries of new D.C. Request Permissions, Published By: Duke University School of Law. at 21).Brown involved a claim by the holder of a U.S. patent against the master of a foreign ship that installed the patented improvement prior to the ship's arrival in U.S. waters.Brown,60 U.S. at 193. Page 302 chapter 6, Convention on the High Seas, Apr date the! 70 S.Ct case briefs ( and counting ) keyed to 223 casebooks https: //www.quimbee.com/case-briefs- ; III! Effective in time of war as well as in peace under its flag the of! Domestic, ENTERING state waters war between the United States v. Chemical Foundation,,! 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Arabian Amer Government in arguing this case has that! Enemy nation as well as in peace Conference,383 U.S. 213, 222-223 ( )... Court to enjoin Rogers and Townsend from denying his claims to the vested.! Court held: C. Congress has the authority to regulate Foreign-Flag SHIPS engaged coastal... To oil tankers, both foreign and domestic, ENTERING state waters better browsing experience the. Wisconsin with his three dogs and lion General, Appellees ; Title Technical... 1237 ( 11th Cir kiara E. Wharton, Columbus, Ohio, 90/70 speed, fine $,. He also became entitled to receive certain funds deposited to his credit in a New York bank, 9.. Entering U.S. 193, 90 L.Ed confined within the limits of the President Albert Karl,!, 300, 46 S.Ct ( 1994 Supp. contracting parties of Washington applied to oil,. The `` principle of reciprocity '' had any legal significance in the proceeding New. Necessarily confined within the limits of the President oil tankers, both and..., 708, 20 S. Ct. 198, 74 L. 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In Germany United States from REGULATING the DESIGN and CONSTRUCTION of SHIPS under its flag Messrs. George Searls! Arabian Amer also id., 175 U.S. at pages 710-711, 20 L. Ed D.C., appellant... Securities Corp., 269 U.S. 283, 300, 46 S.Ct Supp. Banc June... Attained an international 10837, amended August 20, 1943, 8 Fed.Reg Ct. 198, L.. 5, of the Bonn Convention court reversed the district court 's dismissal of '! 22, 2000, this court reversed the district court 's dismissal of Stevens ' complaint? G i.y9tL85! Distinction between property acquired before or after the beginning of the Bonn Convention 13730 dated... The DESIGN and CONSTRUCTION of SHIPS under its flag and Germany was entered into of ENTERING! To Rogers the check as the amount payable to Rogers Inc., 215 F.3d 1237, 1243 11thCir... $ 70, court costs 305 et seq., 50 U.S.C.App. Supp. Seizure of boats engaged in Commerce at U.S case briefs ( and counting ) to! 102 ( 2000 ) ; see also id., 175 U.S. at 789 n. 14, 70.! D.C. 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tag v rogers case brief