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Question: Naoko Ohno, a Japanese citizen, obtained a $


Naoko Ohno, a Japanese citizen, obtained a $1.2 million tort judgment against the Saints of Glory Church, a California corporation, and its pastor Yuko Yasuma, a California resident, in Tokyo District Court. The basis for the judgment was a transfer of money by Ohno to the church allegedly as a result of undue pressure. The judgment was affirmed on appeal by the Tokyo High Court. Ohno then initiated an action seeking recognition and enforcement of the judgment under California’s Uniform ForeignCountry Money Judgments Recognition Act. The church and Yasuma objected to recognition and contended that the judgment imposed liability for its religious teachings in violation of its constitutional right to free exercise of religion. As a result, the church and Yasuma argued that the Japanese judgment was not entitled to recognition or enforcement under California law as it was repugnant to public policy. The district court granted judgment in Ohno’s favor, and the church and Yasuma appealed. How should the court of appeals decide this case? Is recognition of the Japanese judgment “repugnant”? Do judgments resulting from cases concerning religious disputes violate public policy such that the results should not be recognized and enforced? Why or why not? Ohno v. Yasuma, 723 F.3d 984 (9th Cir. 2013)


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> British Columbia, Canada, requires grocery stores to sell imported wine only within a “store within a store,” although it allows domestic BC wine to be sold on regular store shelves. The rule is contained in policy directives of the BC Liquor Control and

> There has long been debate over whether countries should take unilateral action to redress foreign trade barriers or seek to resolve the issue through negotiations. What do you see as the advantages or disadvantages of the U.S. pursuing trade remedies th

> Every year, the U.S. Trade Representative issues a report on foreign government trade barriers to U.S. goods and services, known as the National Trade Estimate Report on Foreign Trade Barriers. Locate the most recent report, choose three countries, and d

> U.S. antitrust law reflects U.S. economic policy. If U.S. antitrust law resolves an economic dispute among British companies, has U.S. economic policy been extended to Britain? What are the implications of the United Kingdom’s requirement that British co

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> What are the limits on the president’s use of executive orders?

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> NAFT was a New York corporation engaged in the business of importing electronic equipment. In 1994, NAFT purchased $1.8 million in goods from Huston Electronics Company, a Taiwanese corporation. Huston was affiliated with C.M. Hung Company from which it

> The seller of goods has a right to proceed judicially against an issuing bank that dishonors its obligation under an irrevocable letter of credit, just as the seller has the right to proceed directly against the buyer. Should the issuing bank also be lia

> Robalen, Inc. was in the business of purchasing and selling yarns, fibers, and plastic resins. In March 1996, Robalen’s customer, Resilux, N.V. of Belgium, opened an irrevocable letter of credit with Generale de Banque, S.A., as the issuing bank for the

> In 2011, Mago International, a New York company, entered into a contract to sell meat products to NTP Genita, a company based in Kosovo. Mago required Genita to obtain a standby letter of credit issued by Bank for Business, a Kosovar bank, and confir

> English courts have no authority to interpret treaties, whereas U.S. courts do. What arguments suggest that the English approach is preferable? What arguments indicate that the U.S. approach is better?

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> Wade entered into a contract to sell irrigation equipment to Ribadalgo, its Ecuadorian distributor. Ribadalgo obtained an irrevocable letter of credit in the amount of $400,000 from Banco General Runinahui, S.A. (Banco), a bank in Quito, Ecuador. The let

> Sony Corp. packed a shipment of videocassette tapes into a 40-foot ocean container for transport to England. Sony put the tapes into 1,320 cardboard cartons, then strapped the cartons onto 52 wooden pallets. The pallets were put into one shipment contain

> Assume a passenger dies aboard an international flight, and that there was no defibrillator aboard the aircraft that might have been used to revive him. Do you think the failure to have a defibrillator is an event “external to the passenger?” Do you thin

> Fishman shipped a container of boys’ pants on a ship owned by Tropical. The container was lost at sea due to improper storage. The pants were packed into bundles of 12 each and placed into what is known in the industry as a “big pack.” A “big pack” is si

> In 2004, Ellen Kruger was boarding a flight from San Francisco to Seattle, on her way home from Australia, when she was struck on the head with a backpack swung by another passenger. During the flight she became ill, vomited, and remained unconscious for

> The Plaintiff purchased a round-trip ticket on British Airways between London and Denver. Three days later she purchased a round-trip ticket on American Airlines between Denver and Washington, DC. During the flight between Denver and Washington, she was

> The plaintiff was traveling by air from Rome to Philadelphia. Being highly allergic to gluten, she had requested a gluten-free meal at the time she booked the flight. She again informed the flight attendant that she required a gluten-free meal. She was s

> Empresa Estatal Petroleos de Ecuador (PetroEcuador) contracted with BP Oil International, Ltd. for the purchase of 140,000 barrels of gasoline to be delivered CFR from Texas to Ecuador. The contract separately provided that the terms were governed by Ecu

> C-ART, Ltd. was an exporter of goods based in Hong Kong. C-ART entered into a contract with the New York Merchandising Company, a New York importing company, for the purchase of goods from manufacturers in Hong Kong. The goods were shipped by Hong Kong I

> Why would a British company bring a competition lawsuit under U.S. antitrust laws rather than EU competition law? What advantages does a company have in alleging an antitrust conspiracy? Describe the differences between U.S. law and EU law in the areas o

> The defendant agreed to sell watches to the buyer in Mexico. A notation was printed at the bottom of the contract that, translated into English, reads as follows: “Please send the merchandise in cardboard boxes duly strapped with metal bands via air parc

> Shared Imaging, a U.S. company, agreed to purchase an MRI machine from Neuromed, a German seller. The onepage contract of sale stated that the delivery terms were “CIF New York Seaport, the buyer will arrange and pay for customs clearance as well as tran

> Phillips contracted to buy naphtha from Tradax for shipment from Algeria to Puerto Rico on C&F terms. Shipment was to be made between September 20 and 28, 1981. The agreement incorporated the ICC Incoterms. It also contained a force majeure clause that s

> Lite-On Peripherals, Inc. was a California-based corporation engaged in the computer hardware business. Lite-On’s parent company was Silitek Corporation, a Taiwan-based corporation. On January 22, 1996, Burlington Air Express, Inc. received 1,000 cartons

> In March 1999, China North Chemical Industries Corporation and Beston Chemical Corporation entered into a contract under which Nocinco agreed to sell to Beston 718 pallets of explosive boosters deliverable “CIF” to Berwick, Louisiana, for which Beston ag

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> Mrs. Clark’s Foods (Clark’s) was an Iowa corporation engaged in the business of labeling and distributing juices. Clark’s purchased apple juice concentrate in April 2011 from International Suntrade, Inc. (Suntrade), and Miller & Smith Foods, Inc. (Miller

> If Judge Hand had written his decision in December 1941, at the beginning of World War II rather than in 1945, at its successful end, would he have handed down a judgment against the national aluminum company of a principal ally of the United States? Sho

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> Shantou Real Lingerie Manufacturing Company (Shantou) is incorporated in China. Shantou manufactures and exports garments to the United States. Native Group International, Inc. (Native), is a corporation organized under the laws of New York engaged in th

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> Explain the concepts of jurisdiction and minimum contacts. What application do they have in international disputes?

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> What ideas do you have for setting up an accountability system to ensure compliance with codes of conduct and other ethical and social responsibility standards for business?

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> Internationalists often refer to the “unification” or “harmonization”of international law. What do you think these terms mean? What factors have influenced the harmonization of international business law? In what ways do you think IBL is more “national”

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> Government Circular, two civil servants may decide to equally share one full-time job so that the benefits are shared equally by both persons concerned and the costs of the post to the administration remain the same. The two civil servants retain the rig

> Ms. Jany and Ms. Szepietowska, Polish nationals, and Ms. Padevetova, Ms. Zacalova, Ms. Hrubcinova, and Ms. Uberlackerova, Czech nationals, had established their residence in the Netherlands at various dates between May 1993 and October 1996, working as w

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> You overhear someone say, “International law does not exist.” What do they mean? What evidence can you provide to persuade them that they are mistaken?

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> Two Russian film studios [the studios] granted rights to produce and distribute DVD versions of their films to multiple licensees. Each licensee received different limited exclusive rights. Krupny Plan, which could distribute the films only in the origin

> Petitioner Compaq Computer Corporation manufactures personal computers (PCs). Printed circuit assemblies (PCAs) are the electronic circuitry inside a PC’s central processing unit that allows the PC to operate. Compaq set up a PCA manufacturing subsidiary

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> On May 3, 1978, a subsidiary of INA Corporation (INA), INA International Insurance Company, Ltd. (INA International), acquired 20 percent of the shares of Bimek Shargh (Shargh), an Iranian insurance company. The proposed investment by INA International w

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> … the Tribunal recalls that the Government of Kenya, on 27 April 1989, concluded an agreement with a company, called the “House of Perfume” for the construction, maintenance, and operation of duty-free complexes at Nairobi and Mombasa Airports. This agre

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> In Italy, winnings from casinos situated in Italy were exempt from income taxation to the extent that their taxation was included in an entertainment tax. However, winnings from casinos situated outside of Italy were subject to income tax. As a result, o

> The defendant, who made and sold a medical preparation called the “Carbolic Smoke Ball,” inserted the following advertisement in the Pall Mall Gazette on November 13, 1891: £100 reward will be paid by the Carbolic Smoke Ball Company to any person who co

> The Paraguayan government enacted a law that specifically protects Paraguayan representatives of foreign companies. Among other things, the law requires a foreign company to make an extraordinarily large payment to the Paraguayan representative if the re

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> Simon Kirk, a veterinarian and citizen of Canada, sought to obtain a license to practice veterinary medicine from the State of New York. Kirk was neither a U.S. citizen nor a permanent resident alien. However, he obtained an entry visa pursuant to NAFTA

2.99

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