Torts. United States May Not Be Made a Third-Party Defendant for the Purpose of Contribution under the Federal Tort Claims Act

1949 ◽  
Vol 35 (7) ◽  
pp. 925
2019 ◽  
Vol 1 (1) ◽  
pp. 203-234
Author(s):  
Ana Monteiro ◽  
Daniel Ferreira

The purpose of this article is to assess the risk for preventing the execution of arbitral awards made against Sovereign States due to the State’s immunity shield. Given the importance of an accurate asset pricing in the business of third-party funding (TPF), the topic entails a particular relevance to the current context of globalized litigation in light of its contribution to the promotion of TPF at the international arbitration community. After reviewing the literature on TPF, on the peculiarities of investment and commercial arbitrations against States and on the evolution of State immunity (also in terms of domestic legislation, considering the local laws passed by the United States, the United Kingdom and Australia), the article aims explore how the funder should incorporate into its risk assessment the risk of not executing awards rendered against Sovereign States.


1955 ◽  
Vol 55 (1) ◽  
pp. 1
Author(s):  
Walter Gellhorn ◽  
Louis Lauer

Author(s):  
Thomas J. Christensen

This chapter examines the Sino-Soviet split and its implications for the United States' policies in Asia, Europe, and the Americas during the period 1956–1964. Coordination and comity in the communist camp peaked between 1953 and 1957, but alliance between the Soviet Union and the People's Republic of China (PRC) was relatively short-lived. This was caused by ideological differences, distrust, and jealous rivalries for international leadership between Nikita Khrushchev and Mao Zedong. The chapter explains what caused the strain in Sino-Soviet relations, and especially the collapse of Sino-Soviet military and economic cooperation. It also considers the effects of the Sino-Soviet disputes on third-party communists in Asia, China's foreign policy activism, and the catalytic effect of the Sino-Soviet split on Soviet foreign policy.


1982 ◽  
Vol 8 (3) ◽  
pp. 251-270
Author(s):  
George Heitler

AbstractThis Article surveys major antitrust issues affecting the health care field with particular emphasis on third party insurers. It deals with the most recent decisions of the United States Supreme Court, including Maricopa, Pireno and McCready, involving limitations on the scope of the antitrust exemptions, and the bearing of these decisions on third party insurers, provider agreements, peer review mechanisms, physician control or sponsorship of prepayment plans, joint insurer activities, relative value fee schedules, maximum fee schedules, and area-wide planning. The Article challenges the desirability of strict application of antitrust principles to these and other activities within the health care field, stressing that practices with procompetitive and cost containment aspects should be encouraged and analyzed under the rule of reason rather than a per se approach.


Author(s):  
Robert S. Ross

This chapter examines alliance dynamics in U.S.–China relations in Northeast Asia. It analyzes how each nation has used third-party coercive diplomacy to compel the other to restrain its allies' challenges to great power security. A major objective of U.S. policy toward North Korea and the corresponding tension of the Korean Peninsula has been to compel China to exercise greater control over North Korea's nuclear weapons program. A major objective of Chinese policy toward Japan and the corresponding tension in the East China Sea has been to compel the United States to restrain Japanese challenges to Chinese sovereignty claims in disputed waters in the East China Sea. For a brief period, third-party coercion contributed to greater U.S.–China cooperation as each country adjusted its policies toward its respective ally, easing regional tension and U.S.–China conflict.


2007 ◽  
Vol 21 (2) ◽  
pp. 169-174
Author(s):  
Mark B. Wilson ◽  
Daniel Alge

Many jurisdictions, including the European Patent Office (EPO), have opposition proceedings in which an interested third party can challenge the validity of the claims of an issued patent. The United States Congress is considering legislation that would introduce opposition proceedings in the USA. This paper reviews the existing EPO and proposed US opposition procedures and provides practical suggestions for dealing with oppositions.


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