U.S. Law for Civil Lawyers

2021 ◽  
Keyword(s):  
United States ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Maritime Law ◽  
Ideal Orientation ◽  
Foreign Law ◽  
Contract Type ◽  
The U.S

The book is not only a useful reference for foreign legal practitioners, but also includes an extremely interesting theory of comparison. It revisits the notion of “foreign law” and elaborates a method to allow foreign lawyers to understand and overcome the gaps between legal cultures. Numerous examples, concrete practical tips and checklists as well as the translation of all important legal terms into German and French offer ideal orientation. Each chapter includes “practice tips,” which serve the aim of guiding non-U.S. lawyers in their first steps into practising U.S. law. Contents Chapter 1: U.S. Law as Foreign Law | Chapter 2: Federal Civil Litigation | Chapter 3: Civil Procedure Brief Drafting Strategy | Chapter 4: U.S. Arbitration Law and Practice | Chapter 5: Aspects of United States Application of International Maritime Law: A Focus on Jurisdictional, Procedural and Substantive Issues Unique to the U.S. System | Chapter 6: Contracts—Drafting and Content | Chapter 7: The Back to Back Contract. The Birth of a New Contract Type

7 Immunity, 7.6 Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries , 353 F.3d 916 (11th Cir. 2003)

2016 ◽  
Author(s):  
Boon Kristen
Keyword(s):  
United States ◽  
Member State ◽  
International Organizations ◽  
The United States ◽  
Civil Procedure ◽  
International Organization ◽  
Domestic Court ◽  
Court Of Appeals ◽  
Foreign Law ◽  
Effective Service

This case addresses effective service of process of an international organization by a non-member state. The United States Court of Appeals for the Eleventh Circuit relied upon the Federal Rules of Civil Procedure (FRCP) because the Organization of Petroleum Exporting Countries (OPEC) did not fall within the purview of the International Organizations Immunities Act (IOIA) and no other applicable treaty existed regarding the treatment of the OPEC in a United States domestic court. The decision’s reliance upon FRCP and application of foreign law resulted in the inability of the plaintiffs to bring a claim against the OPEC without its express consent.

Introduction

2019 ◽  
pp. 1-23
Author(s):  
Charles Gardner Geyh
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The U.S

Chapter 1 introduces the long-standing debate over how best to select judges in the United States and summarizes the positions of the disputants to the end of exposing the interminable and seemingly unresolvable nature of that debate. When a court issues a decision that at least some of the population finds objectionable, the fate of its judges may depend on whether they are appointed or elected. To illustrate, the chapter contrasts the lack of impact on the U.S. Supreme Court justices from any backlash in their upholding same-sex marriage in Obergefell v. Hodges versus the failure in retention elections of Iowa Supreme Court justices following their upholding same-sex marriage in Varnum v. Brien.

Part VII United States-United Kingdom Issues, 23 Extraterritorial Application of US Law

2017 ◽  
Author(s):  
Dinh Viet D ◽  
Wold Megan M
Keyword(s):  
United States ◽  
United Kingdom ◽  
Indirect Effects ◽  
The United States ◽  
Direct Application ◽  
Foreign Law ◽  
The U.S

U.S. laws related to tainted money often create an impact beyond U.S. territory. This extraterritoriality occurs in two ways: firstly, formal extraterritoriality, meaning the direct application in a U.S. court of U.S. law to activities taking place partly or entirely outside of the U.S.; and, secondly, informal extraterritoriality, meaning indirect effects of U.S. law felt outside of the U.S. but without the application of any U.S. statute or the participation of any U.S. court. This chapter discusses both types of extraterritoriality. First, it presents the conditions of formal extraterritoriality by outlining the principles by which U.S. courts determine whether a particular U.S. statute applies outside the United States. Second, the chapter considers the elements of informal extraterritoriality by describing the types of extraterritorial effects U.S. law may have even when not directly applied to extraterritorial activities. Third, this chapter describes several specific U.S. laws that commonly have extraterritorial applications and/or effects. And finally, the chapter concludes with a brief analysis of extraterritorial applications of foreign law within the U.S. Although not specifically contemplated by the title of this chapter, this discussion pertains to the fundamental reciprocity analysis that governs formal extraterritoriality in the U.S.

An American Language

2018 ◽  
Author(s):  
Rosina Lozano
Keyword(s):  
United States ◽  
National Policy ◽  
The United States ◽  
Spanish Language ◽  
Spanish Speakers ◽  
Language Recognition ◽  
Political Language ◽  
Political Issue ◽  
History Of ◽  
The U.S

An American Language is a political history of the Spanish language in the United States. The nation has always been multilingual and the Spanish language in particular has remained as an important political issue into the present. After the U.S.-Mexican War, the Spanish language became a language of politics as Spanish speakers in the U.S. Southwest used it to build territorial and state governments. In the twentieth century, Spanish became a political language where speakers and those opposed to its use clashed over what Spanish's presence in the United States meant. This book recovers this story by using evidence that includes Spanish language newspapers, letters, state and territorial session laws, and federal archives to profile the struggle and resilience of Spanish speakers who advocated for their language rights as U.S. citizens. Comparing Spanish as a language of politics and as a political language across the Southwest and noncontiguous territories provides an opportunity to measure shifts in allegiance to the nation and exposes differing forms of nationalism. Language concessions and continued use of Spanish is a measure of power. Official language recognition by federal or state officials validates Spanish speakers' claims to US citizenship. The long history of policies relating to language in the United States provides a way to measure how U.S. visions of itself have shifted due to continuous migration from Latin America. Spanish-speaking U.S. citizens are crucial arbiters of Spanish language politics and their successes have broader implications on national policy and our understanding of Americans.

Palestine Unbound

2018 ◽  
Vol 47 (3) ◽  
pp. 130-134
Keyword(s):  
United States ◽  
Human Rights ◽  
Task Force ◽  
The United States ◽  
Donald Trump ◽  
Tel Aviv ◽  
The Us ◽  
Intention To Move ◽  
Arab Israeli Conflict ◽  
The U.S

This section, updated regularly on the blog Palestine Square, covers popular conversations related to the Palestinians and the Arab-Israeli conflict during the quarter 16 November 2017 to 15 February 2018: #JerusalemIstheCapitalofPalestine went viral after U.S. president Donald Trump recognized Jerusalem as the capital of Israel and announced his intention to move the U.S. embassy there from Tel Aviv. The arrest of Palestinian teenager Ahed Tamimi for slapping an Israeli soldier also prompted a viral campaign under the hashtag #FreeAhed. A smaller campaign protested the exclusion of Palestinian human rights from the agenda of the annual Creating Change conference organized by the US-based National LGBTQ Task Force in Washington. And, UNRWA publicized its emergency funding appeal, following the decision of the United States to slash funding to the organization, with the hashtag #DignityIsPriceless.

The French Way

2011 ◽  
Author(s):  
Richard F. Kuisel
Keyword(s):  
United States ◽  
The United States ◽  
French Language ◽  
French Cinema ◽  
Free Markets ◽  
Technology Sector ◽  
Aids Epidemic ◽  
Political Reality ◽  
Politics And Culture ◽  
The U.S

There are over 1,000 McDonald's on French soil. Two Disney theme parks have opened near Paris in the last two decades. And American-inspired vocabulary such as “le weekend” has been absorbed into the French language. But as former French president Jacques Chirac put it: “The U.S. finds France unbearably pretentious. And we find the U.S. unbearably hegemonic.” Are the French fascinated or threatened by America? They Americanize yet are notorious for expressions of anti-Americanism. From McDonald's and Coca-Cola to free markets and foreign policy, this book looks closely at the conflicts and contradictions of France's relationship to American politics and culture. The book shows how the French have used America as both yardstick and foil to measure their own distinct national identity. France has charted its own path: it has welcomed America's products but rejected American policies; assailed Americ's “jungle capitalism” while liberalizing its own economy; attacked “Reaganomics” while defending French social security; and protected French cinema, television, food, and language even while ingesting American pop culture. The book examines France's role as an independent ally of the United States, but he also considers the country's failures in influencing the Reagan, Bush, and Clinton administrations. Whether investigating France's successful information technology sector or its spurning of American expertise during the AIDS epidemic, the book asks if this insistence on a French way represents a growing distance between Europe and the United States or a reaction to American globalization. Exploring cultural trends, values, public opinion, and political reality, this book delves into the complex relationship between two modern nations.

Latino Catholicism

2011 ◽  
Author(s):  
Timothy Matovina
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
Catholic Church ◽  
Social Life ◽  
Social Issues ◽  
The United States ◽  
Societal Impact ◽  
Comprehensive Overview ◽  
Public Debates ◽  
The U.S

Most histories of Catholicism in the United States focus on the experience of Euro-American Catholics, whose views on social issues have dominated public debates. This book provides a comprehensive overview of the Latino Catholic experience in America from the sixteenth century to today, and offers the most in-depth examination to date of the important ways the U.S. Catholic Church, its evolving Latino majority, and American culture are mutually transforming one another. This book highlights the vital contributions of Latinos to American religious and social life, demonstrating in particular how their engagement with the U.S. cultural milieu is the most significant factor behind their ecclesial and societal impact.

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