Law Commons^™

Strangers In A Strange Land - Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic

Antonin I. Pribetic

Well into the new millennium, the landscape of international business commerce continues to change dramatically. As many companies expand into global markets, the extant business reality of prosecuting or defending lawsuits arises from companies relying upon standard or boiler plate contracts or invoices when selling goods and services to customers or buying products from suppliers or third parties. This article discusses transnational contractual and litigation issues in Canada, with specific application to the province of Ontario. This article first addresses, from an Ontario company perspective, the importance of incorporating choice of forum, choice of law, and time of the essence …

Os Embargos De Retenção Por Benfeitorias Nas Ações Executivas 'Lato Sensu', Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Forum Non Conveniens Between Aliens In Admiralty: The Long And Short Of It, Graydon S. Staring

Graydon S. Staring

The doctrine of forum non conveniens has become more prominent and freely applied as courts have felt the pressure of distended dockets and have also recognized as a principle, more and more, that foreign courts should today be generally viewed as accessible and reliable. The doctrine of foreign non conveniens entered the United States long ago through the admiralty jurisdiction and was only much later adopted elsewhere. It is increasingly prominent and freely applied as courts feel the pressure of distended dockets and recognize, more and more, that foreign courts should be generally viewed as accessible and reliable. It is …

Toward Normative Rules For Agency Interpretation: Defining Jurisdiction Under The Clean Water Act, Robert R.M. Verchick

Robert R.M. Verchick

Wetlands advocates, from environmentalists to duck hunters, dodged a bullet last year when the Bush Administration dropped plans to narrow its jurisdiction over streams and wetlands. The decision marked a key chapter in a story that began in 2001, when the Supreme Court invalidated part of the Migratory Bird Rule, a regulation that for many years had supported federal protection over some intrastate wetlands. The Court's broad rejection of this narrow rule sent federal jurisdiction under the Clean Water Act into a tailspin. The decision opened debates about tributaries and intermittent streams in the Southwest. It also appeared to narrow …

Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle

Eric A. Engle

Uses AI to model RICO racketeering law to examine an uncertain area of law: Whether RICO gives a private right to damages for extraterritorial wrongs.

Tribal Courts And Federal Courts: A Very Preliminary Set Of Notes For Federal Courts Teachers, Frank Pommersheim

Frank Pommersheim

No abstract provided.

Alberta And Ontario: Civilizing The Money-Centered Model Of Crime Control, Michelle Gallant

Michelle Gallant

An examination of contemporary crime management strategies reveals an emerging trend. With increasing frequency, reliance is placed on a money-centered model of control, a model that copes with crime by attacking its financial underpinnings, the money and the assets linked to the offences. A second trend occurs within the first, the diminution of criminal models in favor of civil legal models. In 2001, the provinces of Alberta and Ontario partook of this trend. Manitoba, in its own unique fashion, joined the movement in 2003.

The paper outlines the contours civil models, identifies the main themes of constitutional conflicts and locates …

Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.