Conflict-of-laws rules on assignments of receivables in the United States and Canada

2019 ◽  
Vol 24 (4) ◽  
pp. 649-663
Author(s):  
Michel Deschamps
Keyword(s):  
Chief Executive ◽  
The United States ◽  
Third Parties ◽  
The Other ◽  
Conflict Of Laws ◽  
Business Corporation ◽  
Secured Transactions ◽  
The Usa ◽  
Model Law ◽  
Definition Of

Abstract This article describes the conflict-of-laws rules of the USA and Canada on the effectiveness against third parties and priority of an assignment of trade receivables. Comparisons are also made with the rules proposed on these issues by the European Commission’s Proposal of 12 March 2018 and the UNCITRAL Model Law on Secured Transactions. The conflict-of-laws rules examined in the article generally designate the location of the assignor as the place whose law applies to the effectiveness against third parties and the priority of an assignment. The article shows however that the definition of the location of the assignor varies from one jurisdiction to another (statutory seat, chief executive office, state of constitution, etc.) Moreover, the US rules and certain Canadian rules define the location of a business corporation using a criterion which is different depending on the corporation’s jurisdiction of incorporation. In addition, the European Commission’s Proposal allows the parties to an assignment made in the course of a securisation transaction to deviate from the assignor’s location rule and select the law governing the receivable as the applicable law. All of these differences result in a lack of harmonization. The article also summarizes the analysis that a financier must conduct to identify the jurisdiction(s) where the financier would normally want that an assignment in its favour be recognized. The relevant jurisdictions are normally the jurisdiction(s) in which insolvency proceedings relating to the assignor may take place and the other jurisdiction(s) where the debtors of the receivables could be located; a dispute might sometimes occur in these other jurisdictions with a competing claimant attempting to claim priority (e.g. a judgement creditor who would seize receivables owed by the debtors located in those jurisdictions). As the insolvency jurisdiction(s) and the other jurisdiction(s) in which the debtors are located may have different conflict-of-laws rules, a prudent financier should examine the applicable rules of all relevant jurisdictions.

scholarly journals Current Nuclear Strategies and Arsenals of the United States of America and the Russian Federation

2021 ◽  
Vol 30 (4) ◽  
pp. 23-44
Author(s):  
Adam Potočňák
Keyword(s):  
Cold War ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Nuclear Forces ◽  
Nuclear Strategy ◽  
The Usa ◽  
The Russian Federation ◽  
The Cold War ◽  
The U.S

The article holistically analyses current strategies for the use and development of nuclear forces of the USA and Russia and analytically reflects their mutual doctrinal interactions. It deals with the conditions under which the U.S. and Russia may opt for using their nuclear weapons and reflects also related issues of modernization and development of their actual nuclear forces. The author argues that both superpowers did not manage to abandon the Cold War logic or avoid erroneous, distorted or exaggerated assumptions about the intentions of the other side. The text concludes with a summary of possible changes and adaptations of the American nuclear strategy under the Biden administration as part of the assumed strategy update expected for 2022.

Chapter I. The Home Economy

1975 ◽  
Vol 74 ◽  
pp. 8-21
Keyword(s):  
Inflation Rate ◽  
Current Account Deficit ◽  
The United States ◽  
The Other ◽  
The Third ◽  
The Usa ◽  
Retail Prices ◽  
The Uk ◽  
European Economies

The economy appears to be reaching the bottom of the cycle. Industrial production after a precipitous drop in the second quarter has levelled off since May. Retail prices have decelerated to show month on month rises at annual rates near to 10 per cent since July. The current account deficit, after falling sharply from 1974 levels in the first half of the year, increased again in the third quarter to an annual rate of £2½ billion. The growth of M3 has recently started to exceed the inflation rate, which it has not done since 1973 IV. These indicators suggest that the UK is at this point lagging only a few months behind Japan and the USA and barely if at all behind the other major European economies (see Chapter 2). Unemployment, a lagging indicator, continues to rise in this country, but has started to turn down in the United States and appears to be levelling off in Japan, Germany and France.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

scholarly journals HISTORY OF INCLUSIVE EDUCATIONAL PRACTICES IN THE USA

2021 ◽  
pp. 157-163
Author(s):  
Svitlana Shumaieva ◽  
Svitlana Kovalenko
Keyword(s):  
General Education ◽  
Inclusive Education ◽  
Education System ◽  
Children With Disabilities ◽  
The United States ◽  
Educational Needs ◽  
Special Educational Needs ◽  
The Usa ◽  
Specific Concept ◽  
Definition Of

The article analyzes the historical stages of inclusive education in the United States: the first – 1960 – the stage of segregation and marginalization of people with special educational needs, the second (from 1968 to 1975) – the stage of normalization, the idea of involving disabled students in the educational environment, the third stage – educational mainstreaming (1975–1983), the fourth stage – (1983–2004) – inclusive education characterized by joint training of people with special needs with peers using typical development, the fifth –mixed educational system – a comprehensive inclusive education system starting in 2004 and until now in the United States.It was determined that the definition of “special educational needs” (learning disability), means developmental delay, disorder of one or more processes related to speaking, reading, pronunciation, writing or arithmetic abilities as a result of possible cerebral dysfunction, but not in the result of mental disorders, loss of sensitivity, cultural, educational or upbringing factors. It has been found that disorder or disability is not one specific concept, but often a mixture of disorders grouped under one broad term, and inclusive education is seen as “the process of addressing and responding to the diverse needs of students by ensuring their participation in learning, cultural activities and community life and reducing exclusion in education and the learning process”. Now intellectual level is determined by using standard intelligence tests, mostly Stanford-Binet, that allows to use individualized curricula as a basis for teaching children with disabilities in inclusive settings. But it is still clear that even in such circumstances, the problems of inclusive education remain to be complex and ambiguous. Keywords: special educational needs, children with disabilities, inclusive environment, inclusion, child with special educational needs, inclusive education, state acts, US general education system.

scholarly journals Subject Matter and Pre-Requisites for Protection of Non-Conventional Trademark

2019 ◽  
Vol 8 (1) ◽  
pp. 61-80
Author(s):  
Aishwarya Vatsa
Keyword(s):  
United States ◽  
Subject Matter ◽  
The United States ◽  
The Other ◽  
Trademark Law ◽  
Other Hand ◽  
The World ◽  
Definition Of

We have been gifted with senses other than our eyes, which the non-conventional trademarks aim to employ and have thus gained popularity. These marks have gradually acquired acceptance and have been included under the ambit of trademarks in various countries of the world. Trademark law aims at facilitating profit and strengthening the identity of a business. Non-conventional marks too, perform the same function. The United States has taken a similar approach and has thus provided protection to various such non-conventional marks. India, on the other hand, is yet to take a similar approach. The present law in India disallows the registration of such marks, proving to be a hindrance in their registration, rather than a facilitator. This paper discusses the concept and definition of non-conventional marks, its subject matter and the prerequisites for its registration. By comparing the different approaches to non-conventional trademarks and the procedure for their registration across different countries, this paper aims at suggesting a model suitable for adoption in India.

scholarly journals COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE USA AND THE RUSSIAN FEDERATION ON CIVIL LIABILITY FOR DAMAGE CAUSED BY GOODS WITH INCREASED HAZARDOUS PROPERTIES

2020 ◽  
Vol 35 (3) ◽  
pp. 86-90
Author(s):  
S.M. Salikhova ◽  
◽  
A.M. Shakhaeva ◽  
Keyword(s):  
United States ◽  
Legal System ◽  
Civil Liability ◽  
The United States ◽  
Important Place ◽  
State Laws ◽  
Goods And Services ◽  
The Usa ◽  
American Legal System ◽  
Definition Of

The relevance of the consideration of the problem of civil liability for harm caused by goods with increased hazardous properties is determined by the fact that such cases occupy an increasingly important place in judicial practice. This shows that not only the legal awareness of citizens is growing, but the very definition of “goods with increased dangerous properties” does not have all the principles of specificity. In this regard, one can turn to the experience of other countries, especially those where consumer protection has proven effective. The United States is one of such countries, where not only the culture of consumption is high, but also the legal culture. This combination allows the American legal system to respond to citizens ’appeals in a timely manner and resolve issues with an objective review of cases where liability for damage caused by goods with increased dangerous properties is considered. In the United States, the definition of civil liability for manufacturers and sellers of goods and services is governed by federal and state laws. Moreover, it is the laws of the states in most cases that govern the most important aspects related to determining the shortage of goods, services and work. It should be noted the importance of the precedent in the US legal system, which also determines many cases for determining civil liability for harm caused by some properties of goods. To compare the fundamentals of the legislation of the two countries in the studied area, the comparative legal research method was applied, which allows us to highlight general and excellent legislative norms. Based on the results of the comparison, it was concluded that the similarities and differences between the American and Russian legislation in terms of civil-steam liability for damage caused by goods with dangerous properties.

Letters to the Editor

PEDIATRICS ◽  
1968 ◽  
Vol 41 (4) ◽  
pp. 854-855
Author(s):  
Myron E. Wegman
Keyword(s):  
United States ◽  
Infant Mortality ◽  
International Comparison ◽  
Live Birth ◽  
Quantitative Data ◽  
The United States ◽  
The Other ◽  
Letters To The Editor ◽  
Live Births ◽  
Definition Of

Dr. Thomas is, of course, quite correct in noting that various reporting countries use different definitions of live births, a problem which does complicate the matter of precise comparisons. On the other hand, the report from which Dr. Thomas quotes, International Comparison of Perinatal and Infant Mortality, goes on to analyze several instances in which quantitative data on definitions are available. The major problem, of course, has to do with definition of a live birth; for example, the Swedish definition of a live birth was not the same as that in the United States until 1959.

scholarly journals Genus Acalvolia (Acari: Winterschmidtiidae), with the description of a new species from the USA

Zootaxa ◽  
2019 ◽  
Vol 2719 (1) ◽  
pp. 41
Author(s):  
QING-HAI FAN ◽  
SHERLY GEORGE ◽  
LALITH KUMARASINGHE
Keyword(s):  
United States ◽  
New Species ◽  
The United States ◽  
The Usa ◽  
Definition Of ◽  
A New Species ◽  
Mite Genus

The definition of the mite genus Acalvolia is revised. A new species, Acalvolia americana, with conidia of Cladosporium sp. in its gut, intercepted on orange from the United States is described. Currently the genus consists of only one species, and the new species is distinguished from that species by having smooth supracoxal setae, longer setae sci (ratio sce: sci = 2.5–2.7), and longer dorsal idiosomal setae c1, d1 and e1 (reaching to or overlapping the bases of setae in the next row).

scholarly journals The United States of America – A Declining World Hegemon?

2018 ◽  
Vol 14 (17) ◽  
pp. 46
Author(s):  
Benjamin Klasche
Keyword(s):  
United States ◽  
Natural Resources ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Global Politics ◽  
Global Commons ◽  
China And India ◽  
The World ◽  
The Usa

In this article the alleged demise of the United States of America (USA) and the ability of its challengers will be discussed and analyzed. Based on George Modelski’s concept of Long-Cycles in Global Politics we can anticipate a disruption in the hegemonic position – currently held by the USA. Considering, the possibility of this scenario, the author executed a pragmatic comparative study and sketches out the chances for the two main competitors – China and India – which struggle mightily with domestic issues and on the other side presents four arguments, why the decline of the USA is not as apparent and looming as partly presumed. The arguments are: (i) the independence supply of natural resources; (ii) its supremacy over the world seas; (iii) reinstated activity in the Rimland and (iiii) control over the Global Commons.

scholarly journals Formation of foreign communicative competence of adult immigrants in the USA

2014 ◽  
Vol 4 (1) ◽  
pp. 38-44
Author(s):  
Olesya Sadovets
Keyword(s):  
Second Language ◽  
Language Learning ◽  
Interpersonal Communication ◽  
Language Proficiency ◽  
Communicative Competence ◽  
The United States ◽  
Contextualized Curriculum ◽  
The Usa ◽  
Definition Of ◽  
Adult Immigrants

ABSTRACT The necessity of forming foreign communicative competence of adult immigrants has been substantiated. The topicality of this issue for Ukraine has been defined. The experience of Global Talent Bridge, an initiative of World Education Services that is dedicated to helping skilled immigrants fully utilize their talents and education in the United States, concerning formation of adult immigrants’ communicative competence has been analyzed. It has been defined that their research concerning organization and realization of contextualized education of adult immigrants aimed at the formation of communicative competence in the process of learning English as a second language has positive results and can be used as a basis for formation of communicative competence of Ukrainian emigrants. Principles of communicative approach to learning a language and the essence of learning for specific purposes have been defined. It has been determined that the education of adult immigrants aimed at the formation of communicative competence is sure to presuppose the availability of contextualized curriculum. The definition of contextualized curriculum has been given. It has been stated that in the process of its elaboration it is necessary to take into consideration the aim of immigrants’ language learning, the priority of fluency and proficiency of language, principles of learning a foreign language by adults, communicative aspect of learning a language, the necessity of forming skills of Basic Interpersonal Communication and Cognitive Academic Language Proficiency; usage of special tests for checking skills of communicative competence, different types of lessons for proficient knowledge of everyday English as a second language.

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