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- 8 U.S.C. § 1252(g) (1)
- Armaguard Security (1)
- Charity Oparaocha (1)
- Damages (1)
- Erie Railroad Co. v. Tompkins (1)
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- Federal vs. state law (1)
- Great Britain. Technology and Construction Court (1)
- Inheritance and succession (1)
- Konkola Copper Mines PLC (1)
- Liability for environmental damages (1)
- Lungowe (1)
- Mubita Mwananuka (1)
- Vedanta Resources PLC (1)
- Winfrida Murambiwa (1)
- Zambia. Court of Appeal (1)
- Zambia. High Court (1)
- Zambia. Supreme Court (1)
Articles 1 - 6 of 6
Full-Text Articles in Jurisdiction
Charity Oparaocha V Winfrida Murambiwa (2004) Z.R. 141 (S.C.), Milambo Chibbonta-Pupwe
Charity Oparaocha V Winfrida Murambiwa (2004) Z.R. 141 (S.C.), Milambo Chibbonta-Pupwe
SAIPAR Case Review
No abstract provided.
Mubita Mwananuka V Armaguard Security Caz Appeal No. 201/2021, O'Brien Kaaba
Mubita Mwananuka V Armaguard Security Caz Appeal No. 201/2021, O'Brien Kaaba
SAIPAR Case Review
The Court of Appeal of Zambia, in the case of Mubita Mwananuka v Armaguard Security CAZ Appeal No. 201/2021, delivered a Ruling on 3rd August 2022 to divest the High Court General List of jurisdiction over employment matters. I argue that this decision is in clear violation of the Constitution and demonstrates bewildering disregard of precedents by the Supreme Court and the Constitutional Court, which bind the Court of Appeal.
Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo
Vedanta Resources Plc And Konkola Copper Mines Plc V Lungowe And Others 2019 Uksc 20, Pamela Towela Sambo
SAIPAR Case Review
This case was initiated in the court of first instance, the England and Wales Technology and Construction Court (hereinafter referred to as the UK High Court Division) on 31 July 2015, by 1, 826 Zambian citizens who are resident in Chingola, Zambia. The claimants sought damages for personal injury, wide ranging environmental harm, damage to property, loss of income and amenity and enjoyment of land arising out of alleged pollution and environmental damage caused by the second appellant, Konkola Copper Mines (hereinafter referred to as ‘KCM’) at its Nchanga copper mine from about 2005 to date.
The first appellant, Vedanta …
Hertz So Good: Amazon, General Jurisdiction's Principal Place Of Business, And Contacts Plus As The Future Of The Exceptional Case, D. (Douglas) E. Wagner
Hertz So Good: Amazon, General Jurisdiction's Principal Place Of Business, And Contacts Plus As The Future Of The Exceptional Case, D. (Douglas) E. Wagner
Cornell Law Review
No abstract provided.
The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will
The Limits Of 8 U.S.C. § 1252(G): When Do Courts Have Jurisdiction To Entertain An Alien’S Claim For Damages Against The Government?, Kimberly P. Will
Cornell International Law Journal
The objective of this Note is to identify the scope of § 1252(g). It concurs with previous scholarship, which has stated that, based on legislative intent and controlling precedents, § 1252(g) only applies to instances where the government exercises discretionary authority. That is, when the government violates statutes or its own regulations, courts may entertain the alien’s claim for damages. However, as many courts reject this argument, this Note further suggests that § 1252(g) should be interpreted narrowly so as to allow meritorious plaintiffs the possibility of recovering for the harm they suffered. This Note will also explore the international …
Degrees Of Deference: Applying Vs. Adopting Another Sovereign's Law, Kevin M. Clermont
Degrees Of Deference: Applying Vs. Adopting Another Sovereign's Law, Kevin M. Clermont
Cornell Law Review
Familiar to all Federal Courts enthusiasts is the Erie distinction between federal actors’ obligatory application of state law and their voluntary adoption of state law as federal law. This Article’s thesis is that this significant distinction holds in all other situations where a sovereign employs another’s law: not only in the analogous reverse-Erie resolution of federal law’s constraint on state actors, but also in the horizontal choice-of-law setting and even in connection with the status of international law. Application and adoption are different avenues by which to approach a pluralist world. Application involves the recognition of the other sovereign’s law …