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Extra-Statutory Discovery Requirements: Violating The Twin Purposes Of 28 U.S.C. Section 1782, Christopher W. Sanzone
Extra-Statutory Discovery Requirements: Violating The Twin Purposes Of 28 U.S.C. Section 1782, Christopher W. Sanzone
Vanderbilt Journal of Transnational Law
This Note analyzes Section 1782 of United States Code Chapter 28 and its role in the realm of international judicial assistance. The twin aims of Section 1782 are: (1) to provide efficient means of assistance to participants in foreign litigation, and (2) to encourage foreign countries by example to provide similar assistance to U.S. litigants in court. This Note posits that these goals are violated when a district court, considering a request for documents, imposes a threshold, extra-statutory requirement that the material requested be discoverable in the foreign jurisdiction where the litigation is pending.
After analyzing the legislative history of …
Subject Matter Jurisdiction Under The Federal Securities Laws: The State Of Affairs After Itoba, Joseph P. Garland, Brian P. Murray
Subject Matter Jurisdiction Under The Federal Securities Laws: The State Of Affairs After Itoba, Joseph P. Garland, Brian P. Murray
Maryland Journal of International Law
No abstract provided.
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn
Seattle University Law Review
In perhaps the only method available to respond with power to the horrors of "ethnic cleansing" in Bosnia-Herzegovina, Muslim women turned to a United States court for redress under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) The district court denied jurisdiction. This Article examines the opinion of the United States District Court in Doe v. Karadzic and concludes that Jane Doe and all others similarly situated should find redress in the courts of the United States for the brutalities inflicted upon them. Federal courts should not interpret the ATCA and the TVPA so narrowly …
The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg
The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg
Case Western Reserve Journal of International Law
No abstract provided.