Alfadda v. Fenn: Shifting the Standard for Applying U.S. Statutes to Predominantly Non-U.S. Transactions

This Comment argues that the Second Circuit, in Alfadda v. Fenn, properly held that the district court had subject matter jurisdiction over a controversy involving few U.S. activities and actors because the actors engaged in significant conduct in the United States. Part I examines the principles and pertinent case law governing the extraterritorial application of the civil RICO statute. Part II describes the facts and procedural his- tory of Alfadda v. Fenn, detailing the district court\u27s denial of subject matter jurisdiction and the Second Circuit\u27s subse- quent reversal. Part III argues that the Second Circuit cor- rectly applied the existing legal precedents by granting federal subject matter jurisdiction over this case and examines the im- plications of the decision. It also argues that, given the com- peting interests at stake, U.S. courts should grant jurisdiction over predominantly non-U.S. transactions only where, as here, the evidence demonstrates substantial conduct or a substantial effect within the United States. This Comment concludes that Congress should amend RICO and clearly delineate its extra- territorial application so that courts need no longer speculate about congressional intent. This Comment argues that the Second Circuit, in Alfadda v. Fenn, properly held that the district court had subject matter jurisdiction over a controversy involving few U.S. activities and actors because the actors engaged in significant conduct in the United States. Part I examines the principles and pertinent case law governing the extraterritorial application of the civil RICO statute. Part II describes the facts and procedural his- tory of Alfadda v. Fenn, detailing the district court\u27s denial of subject matter jurisdiction and the Second Circuit\u27s subse- quent reversal. Part III argues that the Second Circuit cor- rectly applied the existing legal precedents by granting federal subject matter jurisdiction over this case and examines the im- plications of the decision. It also argues that, given the com- peting interests at stake, U.S. courts should grant jurisdiction over predominantly non-U.S. transactions only where, as here, the evidence demonstrates substantial conduct or a substantial effect within the United States. This Comment concludes that Congress should amend RICO and clearly delineate its extra- territorial application so that courts need no longer speculate about congressional intent

Gold as a private hedge against inflation

Special issue on goldGold - Prices

Case Digest

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories, and references are given for further research: Constitutionality of the Immigration Marriage Fraud Amendments Upheld over Challenge by Deportable Alien and United States Spouse Anetekhai v. Immigration and Naturalization Service 876 F.2d 1218 (5th Cir. 1989) ================== Standing Granted to Challenge Hostile Takeover between Foreign Firms under United States Antitrust and Securities Laws Consolidated Gold Fields PLC v. Minorco, S.A. 871F.2d 252 (2nd Cir. 1989) ===================== Lanham Act Bars Importation of Foreign Firms\u27 Goods which are Different Physically from the Goods of United States Affiliate, But Have Identical Trademarks Lever Brothers Co. V. U.S., 877 F.2d 101 (D.C. Cir. 1989) ===================== Warsaw Convention\u27s Limitation on Air Carrier Liability Not Eliminated by Failure to Provide Adequate Notice of Limitation in Passenger Tickets Chan v. Korean Air Lines,Ltd. 109 S. Ct. 1676 (1989

Competition and Regulation in the Gold Industry: An American Perspective

When taken from a domestic viewpoint, the primary gold market appears to be noncompetitive and marred by concentration. However, when seen at the global scale, it is clear that the primary gold market is competitive and diluted. Further, even if the primary market were noncompetitive and concentrated at the global level, that market probably could not readily affect the price of gold. Regardless of competitiveness, gold mines in the United States and elsewhere are subject to environmental and safety regulations that increase the cost of production; Regulations are stringently enforced in the United States as compared to competitor countries, potentially creating a competitive disadvantage for US primary producers

Competition and Regulation in the Gold Industry: An American Perspective

When taken from a domestic viewpoint, the primary gold market appears to be noncompetitive and marred by concentration. However, when seen at the global scale, it is clear that the primary gold market is competitive and diluted. Further, even if the primary market were noncompetitive and concentrated at the global level, that market probably could not readily affect the price of gold. Regardless of competitiveness, gold mines in the United States and elsewhere are subject to environmental and safety regulations that increase the cost of production; Regulations are stringently enforced in the United States as compared to competitor countries, potentially creating a competitive disadvantage for US primary producers

Disseminated sulphide mineralisation at Garbh Achadh, Argyllshire, Scotland

A brief investigation of low-grade copper mineralisation associated with a small, talc-alkaline porphyry intrusion of Caledonian age is described. Geological mapping has delineated a small stock of biotite-feldspar 2 porphyry, 0.25 km in area, intruded into a sequence of Dalradian schists and quartzites with inter-bedded epidiorites. Disseminated sulphides occur within the porphyry and the hornfelsed epidiorite but do not normally , exceed 3% of the rock by volume. Assays of both rock types obtained maximum levels of 0.24% Cu. Hydrothermal alteration is prominent within the porphyry, with the widespread development of sericite and kaolinite. Subsequent faulting apparently exerted some control on the present limits of alteration and mineralisation. Several small strata-bound lenses of massive sulphide within the metasediments were recorded but were not investigated in detail. Geochemical rock-sampling delineated a strong arcuate copper anomaly over the northern epidiorite/porphyry contact and a more subdued anomaly along the southern faulted contact. Molybdenum shows a similar distribution but is more closely confined to the porphyry. Overburden sampling demonstrated that little or no metal dispersion occurred within the overlying till, and stream sediment sampling of the catchment area showed that concentrations of copper decrease to background levels within 1 km of the intrusion. 1 Induced polarisation (IP) surveys produced a clearly defined grouping of chargeability anomalies around the edges of the porphyry stock but these showed no increase in magnitude at depth. Above background chargeability values recorded over the centre of the intrusion increase markedly towards the margins , possibly reflecting a pyritic halo. Most resistivity 'lows' coincide with fault zones and the results of a total intensity magnetometer 1 survey showed that, while most magnetic anomalies occur over epidiorites, I significant anomalies are also produced in the vicinity of fault zones. The results of the geological, petrographic, geochemical and I geophysical studies demonstrate the presence of several features : characteristic of 'porphyry copper style' mineralisation but the small 1 surface area and low grade of the deposit, combined with a lack of encouraging geophysical responses at depth, suggest that there is little II chance of discovering an economic orebody by exploratory drilling