United States Court of Appeals for the Ninth Circuit – 4/9/2014 – Case 10-56739, John Does v. Nestlé USA, Inc.; Archer Daniels Midland Company; Cargill Incorporated Company; Cargill Cocoa (Appeal from the US District Court of California). Corporate immunity in the aiding and abetting of child slavery

2015 ◽  
Vol 1 (1) ◽  
pp. 101-117
Keyword(s):  
United States ◽  
District Court ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
The Us ◽  
Child Slavery

scholarly journals KEMENANGAN REPUBLIK INDONESIA DAN NEGARA-NEGARA OPEC DALAM PERKARA BANDINGAN DI AMERIKA SERIKAT (Suatu Keputusan Penting Untuk Perkembangan Hukum Perdata Internasional)

1981 ◽  
Vol 11 (5) ◽  
pp. 431
Author(s):  
Sudargo Gautama
Keyword(s):  
United States ◽  
Los Angeles ◽  
International Association ◽  
District Court ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
Central District

Tidak banyak diketahui orang bahwa pada tanggal 6 Juli 1981 telah diambil suatu keputusan yang penting oleh United States Court of Appeals for the Ninth Circuit yang memberi kemenangan bagi Republik Indonesia dan negara-negara OPEC lainnya sebagai pihak terbanding dalam suatu perkara bandingan yang telah diajukan oleh International Association of Machinists and Aerospace Workers ('IAM) yang dalam taraf pertama telah diputus oleh Pengadilan District Court (United States District Court for the Central District of California) di Los Angeles. Keputusan dari District Court tahun 1979 yang juga memenangkan pihak OPEC dan negara-negara OPEC (termasuk Republik Indonesia) telah dikuatkan oleh keputusan bandingan dari US. Court of Appeals ini.

Rip, Mix, Burn: The politics of peer to peer and copyright law (originally published in August 2002)

First Monday ◽  
2005 ◽  
Author(s):  
Kathy Bowrey ◽  
Matthew Rimmer
Keyword(s):  
United States ◽  
The United States ◽  
Peer To Peer ◽  
Copyright Law ◽  
District Court ◽  
Special Issue ◽  
Economic Relations ◽  
Court Of Appeals ◽  
The Us ◽  
The Media

This paper is included in the First Monday Special Issue: Music and the Internet, published in July 2005. Special Issue editor David Beer asked authors to submit additional comments regarding their articles. Since this paper was first published in 2002 there has been a constant stream of litigation surrounding P2P in the US and in other jurisdictions. In the United States, the District Court and the Court of Appeals controversially held that Grokster was not liable for contributory and vicarious copyright infringement. Justice Thomas of the Federal Circuit observed: "We live in a quicksilver technological environment with courts ill-suited to fix the flow of internet innovation." The United States Supreme Court is due to hear an appeal by copyright owners against the Grokster decision in 2005. In Australia, litigation was initiated against Sharman License Holdings, LEF Interactive and Brilliant Digital Entertainment, as the controllers of the peer to peer network Kazaa. Again, media owners have emphasized that the network is a pirate bazaar. Global legal forum shopping is one of the intriguing aspects of P2P. We see the arguments of both sides, originally developed specifically for US deliberation manifest across the globe. The Media naively ask whether there is any point in the Australian court considering these issues, given the litigation ongoing in the US. Here the US is seen as the world leader for legal ideas surrounding P2P, with the currency in ideas about technology, innovation and growing the global information economy clouding appreciation of national sovereignty and the distinctiveness of local jurisprudence. This context makes an appreciation of the cultural uniqueness of the US views all the more important. Rip, Mix, Burn: The Politics of Peer to Peer and Copyright Law by Kathy Bowrey and Matthew Rimmer Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.

Zedan v. Kingdom of Saudi Arabia

1988 ◽  
Vol 82 (4) ◽  
pp. 828-830
Author(s):  
Edward M. Leigh
Keyword(s):  
United States ◽  
Saudi Arabia ◽  
Direct Effect ◽  
District Of Columbia ◽  
The United States ◽  
Telephone Call ◽  
District Court ◽  
Kingdom Of Saudi Arabia ◽  
Court Of Appeals ◽  
American Citizen

Plaintiff Zedan, an American citizen, brought suit in the United States District Court for the District of Columbia against the Kingdom of Saudi Arabia for breach of a contract guaranteeing wages and profits. While performance under the contract occurred in Saudi Arabia, plaintiff alleged that the jurisdictional requirements under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) were satisfied by a recruitment call in California from a representative of the royal overseer of a private Saudi company. The district court granted the Saudi motion to dismiss. On appeal, the United States Court of Appeals for the District of Columbia Circuit (per Silberman, J.) unanimously affirmed and held: (1) that the telephone call did not have the requisite substantiality of contact with the United States; (2) that it was not sufficient to form the basis of a cause of action; and (3) that the alleged breach did not have sufficient direct effect in the United States to satisfy the exceptions to immunity under the FSIA.

United States v. Stuart

1989 ◽  
Vol 83 (4) ◽  
pp. 918-923
Author(s):  
Daniel M. Price
Keyword(s):  
United States ◽  
The United States ◽  
Good Faith ◽  
District Court ◽  
Criminal Prosecution ◽  
Justice Department ◽  
Court Of Appeals ◽  
Canadian Law ◽  
History Of ◽  
The U.S

In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.

Lee v. Dong-A Ilbo

1989 ◽  
Vol 83 (1) ◽  
pp. 90-94
Author(s):  
Sonya D. Winner
Keyword(s):  
United States ◽  
The United States ◽  
Korean American ◽  
District Court ◽  
Public Television ◽  
Court Of Appeals ◽  
South Korean ◽  
Official Report ◽  
Foreign Governments ◽  
Summary Judgment

In 1985 two intelligence agencies of the South Korean Government announced that they had successfully disrupted a North Korean spy ring operating in the United States. Their press release, which was widely publicized in the Korean press, named Chang-Sin Lee as a North Korean agent associated with a spy ring at Western Illinois University, where Lee had been a student. The story was picked up and reported in the United States by six Korean-American newspapers and a public television station. When Lee sued for libel, the defendants relied upon the official report privilege, which gives absolute protection to the accurate republication of official government reports. The district court, holding that the privilege applied and that Lee had not overcome it by showing malice, dismissed the case. Plaintiff appealed to the U.S. Court of Appeals for the Second Circuit, which in a two to one decision reversed (per Ervin, J.) and held: that the official report privilege does not apply to the republication of official reports of foreign governments. Judge Kaufman, sitting by designation, dissented from the majority’s reversal of the district court’s grant of summary judgment.

Briefly Noted

2020 ◽  
Vol 59 (1) ◽  
pp. 180-182
Keyword(s):  
United States ◽  
Central Bank ◽  
The United States ◽  
Armenian Genocide ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
Legal Questions ◽  
The Republic ◽  
Republic Of Turkey

On August 8, 2019, the United States Court of Appeals for the Ninth Circuit issued an opinion in Bakalian v. Central Bank of Republic of Turkey, Case No. 13-55664. In this case, the Ninth Circuit affirmed the district court's dismissal of plaintiffs’ claims seeking compensation from the Republic of Turkey and two Turkish national banks for lands that they claim were unlawfully confiscated from their ancestors during what the Court refers to as the Armenian Genocide of 1915–1923. In 2006, California adopted a statute extending the statute of limitations for claims arising out of the Armenian Genocide to December 31, 2016. Thus, the claims filed by the plaintiffs in 2010 were not time-barred under the statute; however, the panel found that since the Court had previously found the statute to be unconstitutional, no statute existed to extend the statute of limitations and therefore the claims were time-barred. The panel held that since the claims were plainly time-barred, the Court need not address legal questions posed regarding Foreign Sovereign Immunities Act jurisdiction.

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