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Author : Laurent Cohen-Tanugi
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.:/5 (226 download)
Download or read book Extraterritorial Discovery Orders written by Laurent Cohen-Tanugi and published by . This book was released on 1982 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Takaki Tokuoka
Publisher :
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.:/5 (226 download)
Download or read book Extraterritorial Discovery Order in Violation of Foreign Law written by Takaki Tokuoka and published by . This book was released on 1985 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lucas V.M. Bento
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189211
Total Pages : 469 pages
Book Rating : 4.0/5 (411 download)
Download or read book Globalization of Discovery written by Lucas V.M. Bento and published by Kluwer Law International B.V.. This book was released on 2019-11-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author : Selvyn Seidel
Publisher :
ISBN 13 :
Total Pages : 596 pages
Book Rating : 4.F/5 ( download)
Download or read book Extraterritorial Discovery in International Litigation written by Selvyn Seidel and published by . This book was released on 1984 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen M. Fernelius
Publisher :
ISBN 13 : 9780327015932
Total Pages : 115 pages
Book Rating : 4.0/5 (159 download)
Download or read book Practical Guide for Conducting Extra-territorial Discovery for Use in U.S. Litigation written by Stephen M. Fernelius and published by . This book was released on 1999-01 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cedric Ryngaert
Publisher :
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author : Stephen M. Fernelius
Publisher :
ISBN 13 : 9780962198946
Total Pages : 62 pages
Book Rating : 4.1/5 (989 download)
Download or read book Practical Guide for Conducting Extra-territorial Discovery for Use in U.S. Litigation written by Stephen M. Fernelius and published by . This book was released on 1992 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : GRIHOBOU R. NOMBRE
Publisher :
ISBN 13 : 9781035338719
Total Pages : 0 pages
Book Rating : 4.3/5 (387 download)
Download or read book TRANSNATIONAL DISCOVERY AND FOREIGN LAW IN U.S. COURTS. written by GRIHOBOU R. NOMBRE and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles Doyle
Publisher : DIANE Publishing
ISBN 13 : 143793479X
Total Pages : 73 pages
Book Rating : 4.4/5 (379 download)
Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-10 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.
Author :
Publisher : American Bar Association
ISBN 13 : 9781590315187
Total Pages : 372 pages
Book Rating : 4.3/5 (151 download)
Download or read book Obtaining Discovery Abroad written by and published by American Bar Association. This book was released on 2005 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly-revised and expanded edition of Obtaining Discovery Abroad assists those involved in U.S. litigation in understanding the legal and practical steps for bringing evidence from a foreign jurisdiction back to the United States.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.:/5 (327 download)
Download or read book Manual for Complex Litigation, Fourth written by and published by . This book was released on 2004 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 1101946202
Total Pages : 402 pages
Book Rating : 4.1/5 (19 download)
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2015-09-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Author : Gary Born
Publisher : Aspen Publishers
ISBN 13 : 9780735507555
Total Pages : 0 pages
Book Rating : 4.5/5 (75 download)
Download or read book International Civil Litigation in United States Courts written by Gary Born and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.3/5 (121 download)
Download or read book Amendments to the Federal Rules of Civil Procedure written by United States. Supreme Court and published by . This book was released on 2010 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bernhard Ryan
Publisher : BRILL
ISBN 13 : 9004172335
Total Pages : 460 pages
Book Rating : 4.0/5 (41 download)
Download or read book Extraterritorial Immigration Control written by Bernhard Ryan and published by BRILL. This book was released on 2010 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Author : Karl M. Meessen
Publisher : BRILL
ISBN 13 : 9004639772
Total Pages : 280 pages
Book Rating : 4.0/5 (46 download)
Download or read book Extraterritorial Jurisdiction in Theory and Practice written by Karl M. Meessen and published by BRILL. This book was released on 1996-08-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. Audience: Civil servants, practising lawyers and academics in the field of international public law and private international law.
