scholarly journals Buried Treasure: Excavating Foreign Law from Civil Pleadings Filed in U.S. Federal Courts

2019 ◽  
Vol 47 (1) ◽  
pp. 22-52
Author(s):  
Loren Turner

Early last summer, I received a phone call from a law student in the litigation department of a large firm. He was working with a team on a case involving Czech law and, as part of a due diligence review, he was seeking an English translation of a piece of Czech legislation before the firm outsourced the bulk of the foreign legal research to Czech attorney-experts. Although it was easy to find the Czech legislation in Czech from a Czech government website, we could not find an English translation – official or otherwise – from any of our free or subscription-based databases. In the end, we relied on the flawed magic of Google Chrome's translate feature to “translate” the Czech legislation from the Czech government website into English. Despite my protestations and disclaimers, the student was thrilled with our results and insisted he had satisfied his due diligence duties. I hung up the phone and thought to myself: certainly, other American litigants have taken cases involving Czech law. What happens to the foreign law and legal analysis they obtain from their Czech attorney-experts? Assuming they submit some of it to our U.S. courts in the course of litigation, why can't we easily retrieve it?

2007 ◽  
Vol 69 (1) ◽  
Author(s):  
Julie Vanneman

Basil Chapman retired from ACF Industries, a railroad-car maker, after thirty-eight years of service. In December 2003, he received an unexpected phone call at his West Virginia home from a union representative, who informed him that an ACF executive wanted to speak with him. When they spoke, the executive informed Mr. Chapman that ACF was planning on changing its retirees’ health coverage plan. The ACF plan would now have a lifetime maximum benefit cap on hospital and surgical expenses for each participant and would require retirees to make monthly contributions. According to court papers filed later, Mr. Chapman responded, “We have a contract. You can’t do that.” Then, he said that he would “file in federal court” against ACF. The next business day, ACF filed a declaratory judgment action in the United States District Court for the Eastern District of Missouri asking the court to rule that retiree benefits were not vested and that ACF accordingly could alter benefits unilaterally. On January 26, 2004, Mr. Chapman, other named plaintiffs, and their union sued ACF in the United States District Court for the Southern District of West Virginia.


Author(s):  
Imogen Moore ◽  
Craig Newbery-Jones

The successful law student needs to be able to place the law in context, analyse its effects on different parts of society, apply these rules to different problems, and reflect upon the suitability of both individual laws and the law as an institution. This ability to think critically and undertake broad and deep legal analysis is important to becoming a lawyer, but is also valuable for any other career. This chapter explores the importance of critical thinking to the law degree and beyond, and looks at how the student can bring analysis and criticism into their work. It considers techniques for problem solving and essay writing, and the importance of constructing arguments balancing ‘content’ and ‘thought’.


2008 ◽  
Vol 9 (11) ◽  
pp. 1909-1939 ◽  
Author(s):  
Armin von Bogdandy

The termprincipleis ubiquitous in the thematic studies and the cross-cutting studies of this research project on the exercise of public authority by international institutions. Apparently its legal analysis and normative framing is difficult to achieve without principles. This is no specificity of this undertaking: Legal research on the public authority of international institutions regularly deals with the issue of principles.Generalprinciples for all international institutions are of specific interest as they might tie the various institutions into one legal universe. Yet, precisely their variety, even heterogeneity raises the question if such principles can be anything but “stars which give little light because they are so high.” This quotation from Francis Bacon's “On the Advancement of Learning” precedes Edward Carr's classical study on the problems of a sweeping,principledand idealistic approach to international phenomena.


1981 ◽  
Vol 29 (1) ◽  
pp. 97 ◽  
Author(s):  
Stephen L. Sass
Keyword(s):  

Author(s):  
Tajuddin Noor

Analysis of settlement of debt receivables disputes between PT. Bank Perkreditan Rakyat NBP 5 and Lisbon Manurung, defendant I, and Tetty Herawati, the defendant II. The settlement is carried out based on Supreme Court Regulation Number 2 of 2015 concerning Procedures for Completion of Simple Lawsuits because the value of the material claim does not exceed 200,000,000.00 Rupiahs (two hundred million rupiahs). The dispute ended with the ruling of the peace deed because of the good intentions of the parties who ended the dispute by means of peace. In the study of the decision, the author applied legal research in a normative juridical manner. The result of this study indicates that the legal analysis of debt settlement through agreements / deeds of peace has legal consequences for the parties, namely closed appeal and cassation legal efforts, which have permanent legal force, and executive power. Keywords: Debt and Receivables, Peace, Settlement. 


Author(s):  
Gleb Panfilov

The subject of this research is the analysis of mechanisms of compensation for property damages causes by commission of a crime that are implemented in foreign legal systems. The object of this research is the texts of normative legal acts, case law materials from a number of European and Asian countries, as well as legal research on the topic. Familiarization with foreign experience of compensation for crime damages can present interest for Russian researchers, and serve as the basis for developing substantiated empirical recommendations on improvements to the system of current Russian legislation. The author determined a number of common development trends of the mechanisms of compensation of damages to the victims of crimes in foreign law. Among these trends are the recognition of the need to strengthen protection of the rights of victims; creation of several alternative mechanisms of compensation for criminal damages, with the choice left to the actual victim; creation of public compensation funds, intended to ensure reparation of the violated rights of citizens in cases where crime was unsolved or property of the criminal was insufficient to fully compensate damages incurred by the victim.


Author(s):  
C. M. Kologermanskaya

The article presents a legal analysis of the features of contractual regulation in the use of renewable energy sources in the Russian Federation and foreign countries. It is noted that in the modern period, the sphere of contractual regulation of relations arising from the use of renewable energy sources remains insufficiently studied, which is why it is necessary to conduct legal research in this area, study the experience of contractual regulation in the field of electricity abroad. For the purposes of developing legal regulation, the author proposes a conditional classification of contracts on various grounds.


2020 ◽  
Vol 1 (1) ◽  
pp. 111-130
Author(s):  
Herbert Küpper

Comparative law has many facets. It often consists of basic research for academic purposes, but it may have a practical side as well. A genuine combination of basic and applied comparative legal research are expert opinions on foreign law for adomestic court. The expert researcher has to fully comprehend the foreign law on the books as well as in action, and has to be able to translate this foreign law into the legal background of the domestic court and into the procedural setting of the law-suit at hand. Taking the ‘Munich Institute for East European Law’ as an example, this essay describes the continuous basic research as a prerequisite for expertise on foreign law, as well as the practice of writing expert opinions for courts of law and authorities with regard to the law of the formerly socialist countries in Europe.


2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Hari Purwadi ◽  
Adi Sulistiyono ◽  
Adriana Grahani Firdausy

<div class="WordSection1"><p align="center"><strong><em>Abstract</em></strong></p><p><em>Legal transplants in the form of ideas, concepts, solutions or structures, institutions, and methods, from one country to another has been a tendency in the development of the law in various parts of the world. Including Indonesia, has conducted legal transplants from various foreign legal system or any other country in the formation of various laws. Legal transplants in the perspective of comparative law and culture has potential mismatch between law and society, considering foreign law (the model) has material base differ with the recipient, such as Indonesia, the material and social base reflected in the values  of Pancasila or local law. Therefore, studies on this subject is very important, and in this study aims to analyze: (1) the form of transplantation of foreign law into the legal system of Indonesia (national law); (2) inevitability of legal convergence in the development of national law in the future. Theoretically, this study relates to theories of legal transplant or diffusion of law, in particular mixing legal system and harmonization or convergence. This study confirmed the legal transplant theories are constructed from practices in Western countries. For that purpose, this study methodologically used socio-legal research types (nondoctrinal / socio-legal research). Based on the  category of Esin Örücü, found that legal transplants in Indonesia occurred in various combinations of the most complex forms to simpler. Constitution as an example, transplant in the form of structures, institutions, and methods, in addition to the form of ideas, concepts, and solusion from Western law, both civil law system and common law systems. Legal transplants in Indonesia generally more formal process (formal diffusion) rather than substantive and make Western law have a dominant position. Local law and Pancasila under pressure of Western law. Therefore, the development of the law in the future must be built on a foundation of Jurisprudence as activity of theorizing, so that ideas, concepts, and solutions, as well as structures, institutions, and methods that can be characterized Pancasila as Western law competitor.</em></p><p><strong><em>Keywords: </em></strong><em>legal transplants, harmonization, foreign laws, local laws, and Pancasila</em></p><p align="center"><strong>Abstrak</strong></p><p>Transplantasi hukum dalam bentuk ide, konsep, solusi atau struktur, institusi, dan metode, dari satu negara ke negara lain telah menjadi kecenderungan dalam pembangunan hukum di berbagai belahan dunia. Tidak terkecuali Indonesia, telah melakukan transplantasi hukum dari berbagai sistem hukum asing atau negara lain dalam pembentukan berbagai undang-undang. Transplantasi hukum dalam perspektif perbandingan hukum dan budaya (<em>comparative law and culture</em>) potensial melahirkan ketidaksepadanan antara hukum dan masyarakat (<em>mismatch between law and society</em>), mengingat hukum asing (model) memiliki basis materiil hukum dan sosial berbeda dengan tempat dipindahkan atau penerima (<em>recipient</em>), seperti Indonesia, yang basis materiil dan sosialnya tercermin dalam Pancasila atau hukum lokal. Untuk itu, studi mengenai hal ini sangat penting dilakukan, dan dalam penelitian ini bertujuan untuk menganalisis: (1) bentuk transplantasi hukum asing ke dalam tata hukum Indonesia (hukum Nasional); (2) keniscayaan kovergensi hukum dalam pembangunan hukum Nasional di masa datang. Secara teoritis, penelitian ini berhubungan dengan teori-teori transplantasi atau difusi hukum, khususnya pencampuran sistem hukum (<em>mixin</em><em>g legal system</em>) dan harmonisasi atau konvergensi hukum. Penelitian ini mengonfirmasi (<em>confirming</em>) teori-teori transplantasi hukum yang dibangun dari praktik-praktik di negara-negara Barat. Untuk tujuan itu, penelitian ini secara metodologis menggunakan jenis penelitian sosio-legal (nondoktrinal/<em>socio-legal research</em>), Dengan menggunakan kategori dari Esin Örücü, ditemukan bahwa transplantasi hukum di Indonesia terjadi dalam berbagai kombinasi bentuk dari yang paling kompleks sampai sederhana.</p></div><p>Konstitusi sebagai misal, mentransplantasi dalam bentuk struktur, institusi, dan metode, di samping bentuk ide, konsep, dan solusi hukum Barat, baik <em>civil law system </em>maupun <em>common law system</em>. Transplanatsi itu secara umum lebih banyak dilakukan secara formal (difusi formal) daripada substantif dan menempatkan posisi dominan hukum Barat. Hukum lokal dan Pancasila mengalami tekanan dari Hukum Barat . Oleh karena itu, pembangunan hukum di masa datang harus dibangun di atas pondasi <em>jurisprudence as activity of theorizing</em>, sehingga ide, konsep, dan solusi, maupun struktur, institusi, dan metode yang berkarakter Pancasila dapat menjadi pesaing hukum Barat yang dominan.</p><p><strong>Kata kunci: </strong>transplantasi hukum, harmonisasi, hukum Asing, hukum lokal, dan nilai-nilai Pancasila</p><p> </p>


2021 ◽  
Vol 3 (2) ◽  
pp. 84-97
Author(s):  
Peter Jeremiah Setiawan ◽  
Madeleine Celandine Guinevere ◽  
Fauzy Iskandar Alamsyah ◽  
Mohammad Irvan

Mastery theory of law is one of the criteria for a good court. One of the law theories currently being developed is economic analysis of law theory. One of the decisions that the judge considered was using economic analysis of law theory in making a decision is a decision of 45/Pid.Sus/TPK/2011/PN.BDG. Therefore, this article will analyze further into the decision of 45/Pid.Sus/TPK/2011/PN.BDG. This research is legal research that uses statute approach, conceptual approach, and case approach. Based on the research, it showed that the features of economic analysis of law theory are: 1) Focused on the philosophy of justice utilitarianism which is the fundamental concept based on felicific calculus, 2) Using the basis of consideration: a) Economic theory as a foundation for legal analysis, b) Using analysis of cost-benefit to create a law and/or c) Consideration of opportunity cost which law will be formed, and 3) Output which is achieved is wealth maximization. Related to the Decision Number Register 45/Pid.Sus/TPK/2011/PN.BDG. in fact, arguable that judges make the decision based on economic analysis of law theory because related to ratio decedendi has fulfilled 3 (three) characteristic economic analysis of law theory.


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