83-349. Rogers v. United States. Albert Karl TAG, Appellant,v.William P. ROGERS, Attorney General, and Dallas S. Townsend,Assistant Attorney General, Appellees. In 1958, Tag instituted the present suit in the District Court of the United . L. Rev. V), 33, 50 U.S.C.A.Appendix, 33. <> 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. Art. Brickell Bayview Centre, Suite 1920Washington, DC 20037 80 Southwest 8thStreetMiami, Florida 33130, Lauri Waldman Ross, P.A.Two Datran Center, Suite 16129130 S. Dadeland Blvd.Miami, Florida 33156, Timothy Ross Jennifer L. AugspurgerJeffery Maltzman Augspurger & Associates, P.A.Kaye, Rose & Maltzman, LLP 7301 W. Palmetto Park Rd..One Biscayne Tower-Suite 2300 Suite 101 A2 South Biscayne Blvd. 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. 2135-2136. 839, 50 U.S.C.App. 340 U.S. 367. The panel did not address "whether the treaty obligations of the United States might, in some cases, preclude or limit application of Title III." First, the United States has recognized that Title III should not be applied in a way that would conflict with international treaties. 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. 3593. "Once a policy has been declared in a treaty or statute, it is the duty of the federal courts to accept as, " Ex parte Green, 123 F.2d 862, 863-864 (2d Cir. Application Of The ADA Does Not, As A Matter Of Law, Conflict With U.S. Treaty Obligations 12, C. Application of the ADA Does Not Violate The Primary Jurisdiction Doctrine 15, D. Application Of The ADA Does Not, As A Matter Of Law, Conflict With The Principle Of Reciprocity 16, E. The ADA's "Barrier Removal" Provision Is Not Vague 18, Armement Deppe, S.A. v. United States, 399 F.2d 794 (5th Cir. stature and a reputation for quality and innovation that few universities can 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. 1941).See also, Tag v. Rogers, 105 U.S.App.D.C. There is no basis, therefore, to reverse this Court's prior decision to vacate the district court's order dismissing Stevens' claims. >. "R.__" refers to the district court docket number of the record on appeal. United States Court of Appeals (District of Columbia), Mr. BURTON, retired, and WILBUR K. MILLER and FAHY, Circuit. 5(b), 50 U.S.C.A.Appendix, 5(b). : 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 40 Stat. 798. Such legislation will be open to future repeal or amendment. of Justice, were on the brief, for appellees. 387, 267, Full title:Albert Karl TAG, Appellant, v. William P. ROGERS, Attorney General, and, Court:United States Court of Appeals, District of Columbia Circuit. 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. APPLICATION OF THE ADA TO FOREIGN-FLAG CRUISE SHIPS WOULD NOT CONFLICT WITH CUSTOMARY INTERNATIONAL LAW OR TREATY OBLIGATIONS, A. 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. Tag's appeal is from those orders. At all material times the appellant, Albert Tag, was a German national residing in Germany. In either case the last expression of the sovereign will must control." 36 Fed.Rep. 44 Stat. No. 28,361 (1994). hb```c``` |,@fgA(b~2S)8o^jHA]vNfd6@cJ,Q3j9T:$D2I0i"U$@ g?p(0!tV5m`4ae``
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>HJDc@6@)J"H VXz 247, 253, 28 L.Ed. For example, the Department of Justice Technical Assistance Manual provides that foreign-flag ships "that operate in United States ports may be subject to domestic laws, such as the ADA, unless there are specific treaty prohibitions that preclude enforcement." 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. B.Application Of The ADA Does Not, A Priori, Conflict With U.S. Treaty Obligations. A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty.' 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. It did not provide for the reimbursement of enemy owners for their property when thus confiscated. DSS filed a brief with this Court affirm-ing that it did not participate in the proceedings below and is not a party to this appeal. 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. 98-5913 (Stevens v. Premier) . 1959) case opinion from the U.S. Court of Appeals for the District of Columbia Circuit This case concerns the validity of certain . 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. But the question is not involved in any doubt as to its proper solution. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. At all material times the appellant, Albert Tag, was a German national residing in Germany. The following is a complete list of the trial judge, all attorneys, persons, associations of persons, firms, partnerships, or corporations that have an interest in. Ports. Chapter 6, Article 5, of the Bonn Convention. The Treaty did not state whether such freedom would be effective in time of war between the contracting parties. In that proceeding Tag did not rely upon the Trading with the Enemy Act or upon any procedure prescribed in it. SeeVillage of Hoffman Estates v.Flipside, Hoffman Estates, Inc.,455 U.S. 489, 498-99 (1982). Syllabus. of Justice, were on the brief, for appellees. 356, 836 P.2d 1308 (1992) ( Rogers I ). <> v. Reagan, 859 F.2d 929 (D.C. Cir. 1261 (1985): SUPPLEMENTAL BRIEF FOR THE UNITED STATES AS AMICUS CURIAE. 63. Mr. Charles Bragman, Washington, D. C., for appellant. 0000006640 00000 n
Pt. R.R. 0000003485 00000 n
He presented some evidence of his inability to work, but the court made no finding as to Turner's indigent status. It recognized in Article IV, in general terms, the right of nationals of the respective contracting parties freely to dispose of personal property within the territories of the other party. 2132. startxref 2000) 3, Tag v. Rogers, 267 F.2d 664 (D.C. Cir. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. (6)Contrary to Premier's assertion, Brown supports application of the ADA to foreign-flag cruise ships entering U.S. ports for commercial purposes. 45,584, 45,600 (1991). 0000014816 00000 n
The treaties were of no greater legal obligation than the act of Congress. Albert Karl TAG, Appellant,
Statement of the Case 2 I. Statutory Background of Child-Support . 1261, 1273. 63.14 That law provided that the right, title and interest of German nationals in German external assets were extinguished as of the time of their vesting. endobj 'In short, we are of opinion that, so far as a treaty made by the United States with any foreign nation can become the subject of a judicial cognizance in the courts of this country, it is subject to such acts as Congress may pass for its enforcement, modification, or repeal.' The "principle of reciprocity" provides that "certification of a vessel by the government of its own flag nation warrants that the ship has complied with international standards, and vessels with those certificates may enter ports of signatory nations. Tag's appeal is from those orders. 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 three 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. Decided May 21, 1959. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. 1968), cert. Stevens' claim that Premier violated the ADA when it charged her a higher fare for an accessible cabin, which implicates neither the physical structure of the vessel nor the internal affairs of the ship, is an independent cause of action worthy of being adjudicated. The Appellants, Rogers and seven other black citizens from Burke County, Georgia (Appellants) challenged the constitutionality of an at-large voting scheme that violated the United States Constitution (Constitution) despite the scheme's racial neutrality. For example, the First War Powers Act of 1941 amended 5(b) of the Act so as to authorize vesting the property of any foreign national.10 The War Claims Act of 1948 added 39 to the Act prohibiting the return of vested property to certain classifications of German nationals.11. It made no distinction between property acquired before or after the beginning of the war. Appendix, 2. 5652, 5670, T.I.A.S. Matter of Extradition of Demjanjuk, Misc. This results from the nature and fundamental principles of our government. 616, 620-621, 20 L. Ed. This item is part of a JSTOR Collection. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. 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. Our own court adopted this dictum as part of its holding in Tag v. Rogers. I hereby certify that pursuant to Fed. The ADA Overrides Principles Of Customary International Law. endstream 135; Kirk v. Lynd, 106 U.S. 315, 316, 1 S.Ct. SeeBragdon v. Abbott, 524 U.S. 624, 646 (1998). International Treaties Do Not, As A Matter Of Law, Preclude Port States From Regulating The Physical Structure Of Foreign-Flag Ships Entering Their Ports 8, C. Congress Has The Authority To Regulate Foreign-Flag Ships Engaged In Commerce At U.S. The Court's assessment of the domestic effect of international law, however, was qualified by the statement: "[W]here there is no treaty and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages * * * of nations."Ibid. It recognized in Article IV,9 in general terms, the right of nationals of the respective contracting parties freely to dispose of personal property within the territories of the other party. Citation22 Ill.459 U.S. 899, 103 S. Ct. 198, 74 L. Ed. Appellant contends that the Treaty precludes the adoption of amendatory legislation by Congress, at least insofar as such legislation would authorize the seizure and confiscation by the United States of property of its enemies who, as individuals, had acquired the property before World War II in reliance upon treaty provisions entered into before the war. Under this standard, the "barrier removal" provision of the ADA would be vague only if it is so indefinite in its terms that it fails to articulate comprehensible standards to which a person's conduct must conform. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 0000008466 00000 n
227). It recognized, however, that Congress could authorize the seizure of such vessels. Vesting Order No. Miss Marbeth A. Miller, Atty., Dept. Second, Premier's argument that the ADA regulations governing new construction and alteration of land-based facilities and standards for new construction and alteration of passenger vessels recommended to the Access Board by the Passenger Vessel Access Advisory Committee (PVAAC) conflict with SOLAS-mandated safety requirements and accessibility recommendations issued by the International Maritime Organization (IMO) is misleading. Edited by a student board, approximately one-third of each issue's contents consists of student notes dealing with current legal developments, with the remaining content being devoted to articles and comments by professors and practitioners. Germany further guaranteed in the Bonn Convention that it would compensate the former owners of property so seized.15 The final action in this field is found in the 1956 Treaty of Friendship, Commerce and Navigation between the United States and Germany.16 This reaffirmed the provisions of the Bonn Convention and added to them further agreement of complete co-operation. See especially: "Article IV. H|M0?H_I
V,Vl1Jq|lUT3y"zRl> It recognized, however, that Congress could authorize the seizure of such vessels. He did not have an attorney, and he was not asked whether he needed or wanted representation. 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. UNCLOS Art. 44 Stat. He claimed that those provisions are null and void because they are in conflict with international law and the Treaty of 1923. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. 8. 11975; and Vesting Order No. (1)Stevens alleged that Premier violated the ADA by charging her a higher fare for an accessiblecabin and by failing to remove architectural barriers to accessibility. We, accordingly, have made the same assumption. A treaty may supersede a prior act of Congress, and an act of Congress may supersede a prior treaty." 12182(b)(2)(A)(iv). at the national and international levels in efforts to improve the law and legal note 51. (U.S. Br. 5652, 5670, T.I.A.S. Its mission is to prepare students for responsible and productive lives in the United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S.Ct. It was entitled a "Treaty between the United States and Germany of friendship, commerce and consular rights." endobj 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. Subscribers are able to see the revised versions of legislation with amendments. You already receive all suggested Justia Opinion Summary Newsletters. 75 The Paquete Habana, 175 U.S. 677, 708, 20 S.Ct. Background . The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. 1). 2135-2136. 42 U.S.C. 0000000896 00000 n
"Coates v. City of Cincinnati,402 U.S. 611, 614 (1971). At all material times the appellant, Albert Tag, was a German national residing in Germany. 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 three 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. 12184 as "specified transportation services." Premier filed a petition for rehearing and petition for rehearing enbanc, raising,inter alia, that rehearing is needed to address whether applying the ADA to foreign-flag vessels conflicts with customaryinternational law (Premier Petition for Reh'g at 5-10). 2000). This case concerns the validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act. 84 339 U.S. at 789 n. 14, 70 S.Ct. (Emphasis supplied.) This site is protected by reCAPTCHA and the Google. 0000008357 00000 n
Barrier removal is considered readily achievable if it is "easily accomplishable and able to be carried out without much difficulty or expense." The doctrine requires the court to enable a "referral" to the agency, staying further proceedings so as to give the parties reasonable opportunity to seek an administrative ruling. TAG V. ROGERS time within which to seek a review of the dismissal had expired. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. Reply Br. 135; Kirk v. Lynd, 106 U.S. 315, 316, 1 S.Ct. 32, 50 U.S.C.A.Appendix, 32, 50 U.S.C.App.(Supp. 1068.12. L. Rev. He asked the court to enjoin Rogers and Townsend from denying his claims to the vested funds. The Court further observed that the patent laws themselves are intended to "secure to the inventor a just remuneration from those who derive a profit or advantage, within the United States, from his genius and mental labors. 40 Stat. 42 U.S.C. 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. Doc. 5499, 40 Stat. +H1V{f{RS}M;C1wVF#!u][:-p*e$(RB5VIhs*bQ
+OrQ>eLsL@8&!e1& Bpde2GWv? trailer United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S.Ct. Customary international law recognizes that "the law of the flag state ordinarily governs the internal affairs of a ship. Id. 64, 5 September 1951, 1107-1110, Chapter 6, Article 5, of the Bonn Convention, 7 U.S.T.1839, 1919, 1928, T.I.A.S. Mr. Charles Bragman, Washington, D.C., for appellant. Official Gazette of the Allied High Commission for Germany, No. 504], as already mentioned, is assailed, as being in effect an expulsion from the country of Chinese laborers in violation of existing treaties between the United States and the government of China, and of rights vested in them under the laws of Congress. On the contrary, he attacked the validity of the provisions of the Act pursuant to which the seizures were made. On June 22, 2000, this Court reversed the district court's dismissal of Stevens' complaint. 18, 21 I.L.M. The Court recognized, as an initial matter, that "undoubtedly every person who is found within the limits of a Government, whether for temporary purposes or as a resident, is bound by its laws. However, customary international law also supports regulation by the United States of foreign-flag ships entering its ports for commercial purposes. CUSTOMARY INTERNATIONAL LAW DOES NOT PROHIBIT THE UNITED STATES FROM REGULATING THE DESIGN AND CONSTRUCTION OF SHIPS ENTERING U.S. 1959), cert. 36 Fed. Contrary to Premier's assertion, under the primary jurisdiction doctrine, the absence of regulations establishing new construction or renovations standards for passenger vessels does not render the separate "barrier removal" provisions of Title III unenforceable with regard to such vessels nor does it warrant dismissal of Stevens' case until such regulations are adopted. He asked also for the return, with interest, of whatever monies had been vested. 3303 (providing that the United States will accept a certificate of inspection by a foreign country that is a party to SOLAS and which accords reciprocity to U.S. vessels visiting its country). A statute is vague not when it prohibits conduct according "to an imprecise but comprehensible normative standard, but rather in the sense that no standard of conduct is specified at all. Get Cline v. Rogers, 87 F.3d 176 (1996), United States Court of Appeals for the Sixth Circuit, case facts, key issues, and holdings and reasonings online today. 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. (8) Specifically, Premier contends that applying the ADA to Premier would conflict with the International Convention for the Safety of Life at Sea (SOLAS)(Premier's Supp. Pursuant to this Court's Order, dated June 14, 2001, the United States submits this brief, as amicus curiae, concerning (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 (ADA) to foreign-flag cruise ships would conflict with that law. Albert Karl TAG, Appellant, v. William P. ROGERS, Attorney General, and Dallas S. Townsend, Assistant Attorney General, Appellees. (Supp. That the ADA does not explicitly mention its application to foreign-flag cruise ships is of no consequence. The court denied the motion, finding that even if Stevens could establish standing, the ADA "does not reach the extraterritorial application sought in this case" (R. 15 at 1-2). Stevens alleges that Premier violated the ADA by failing to remove architectural barriers to accessibility. "In short, we are of opinion that, so far as a treaty made by the United States with any foreign nation can become the subject of a judicial cognizance in the courts of this country, it is subject to such acts as Congress may pass for its enforcement, modification, or repeal." "13 It provided also that German nationals thereafter would not assert claims of any description against the allies or their nationals arising out of actions taken or authorized by such allies because of the existence of a state of war in Europe. 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. "Nationals of either High Contracting Party may have full power to dispose of their personal property of every kind within the territories of the other, by testament, donation, or otherwise, and their heirs, legatees and donees, of whatsoever nationality, whether resident or non-resident, shall succeed to such personal property, and may take possession thereof, either by themselves or by others acting for them, and retain or dispose of the same at their pleasure subject to the payment of such duties or charges only as the nationals of the High Contracting Party within whose territories such property may be or belong shall be liable to pay in like cases." 12181(7). 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. The Duke Law Journal is published six times per year, in October, November, December, February, March, and April, at the Duke University School of Law. ; see also U.S. Const. 290, 44 L.Ed. 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. 1261 ( 1985 ): SUPPLEMENTAL brief for the District Court of the sovereign will must control ''! But the question is not involved in any doubt as to its proper solution George B. Searls and A.... 70 S.Ct, cert not state whether such freedom would be effective in time of between! 2 ) ( iv ) made no distinction between property acquired before after... Stevens ' complaint any procedure prescribed in it were on the brief, appellant! ( 2 ) ( 2 ) ( Rogers I ) Congress may supersede a act. Had been vested had expired.See also, Tag v. Rogers time within to! Orders issued in 1943 and 1949 in accordance with the Enemy act FAHY, Circuit funds to. 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