Helms-Burton Act

More Evidence that Helms-Burton is Backfiring

In 1996, Congress passed the Helms-Burton Act to strengthen sanctions against Cuba and to deter foreign companies from investing there. To discourage foreign investment, Title III created a civil remedy allowing U.S. nationals to sue any person who “traffics” in property confiscated by the Cuban government for damages in an amount three times the value…

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A Baffling Characterization Decision

Characterization plays an important role in a court’s choice-of-law analysis. If an issue is characterized as a “contracts” issue, then the court will apply the choice-of-law rule for contracts to determine the governing law. If an issue is characterized as a “torts” issue, then the court will apply the choice-of-law rule for torts. Because the…

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New Article Argues that the Helms-Burton Act Has Backfired

In an article recently posted on SSRN, Gergana Sivrieva surveys cases filed under Title III of the Helms-Burton Act for trafficking in expropriated property. She shows that, surprisingly, the principal defendants have not been foreign companies investing in Cuba but rather U.S. companies with only attenuated connections to such property. Congress passed the Helm-Burton Act…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John Coyle

University of North Carolina School of Law
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Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Hornung

Cornell Law School
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Jonathan Schaffer-Goddard

Holwell Shuster & Goldberg; 4 Pump Court, London
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Chimène Keitner

UC Hastings Law
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David P. Stewart

Georgetown University Law Center
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Curtis A. Bradley

University of Chicago Law School
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Benjamin Hayward

Department of Business Law and Taxation, Monash Business School
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Rajat Lal

Faculty of Law, Monash University
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David Landau

Florida State University College of Law
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Katie Burghardt Kramer

DGW Kramer LLP
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Tanya Monestier

University at Buffalo School of Law
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