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Rethinking Jurisdictional Discovery Under the Hague Evidence ...


DISCOVERY UNDER 28 U.S.C. § 1782: - Stanford Law School

evidence if the matter were ever made subject to judicial review, the U.S.. Supreme Court decided that the Directorate-General was acting as a “foreign or.

Articles - Scholarly Commons: Northwestern Pritzker School of Law

ABSTRACT—Aggregation—the ability to join parties or claims in a federal civil lawsuit—has usually been governed by subject matter jurisdiction,.

Jurisdictional Discovery Against Foreign Parties

In that decision, the Court held that U.S. plaintiffs are not required to proceed exclusively via the Hague Convention in obtaining the production of evidence ...

Litigating International Child Abduction Cases Under the Hague ...

1983) (granting plaintiff's request for expedited discovery to prepare evidence in support of motion for injunctive relief). 382Semitool, Inc. v. Tokyo ...

Revisiting the International Court of Justice Procedure for the ...

It is “a forum of first and last resort.” Jan Paulsson, Jurisdiction and Admissibility, in GLOBAL REFLECTIONS ON INTERNATIONAL LAW, COMMERCE AND ...

Procedural Due Process Civil :: Fourteenth Amendment - Justia Law

In Asahi, the state was found to lack jurisdiction under both ... evidence of drug activity held admissible in a prosecution under the juvenile laws).

A TWAIL Perspective on Transnationality and Epistemic Community

... in rethinking the resistance to international law (Rajagopal 2003). ... on jurisdictional objection for two years. Kidane poses the ...

A Philosophy of Evidence Law

To be sure, there are many differences in evidential rules, as well as legal culture, across common law jurisdictions. Nevertheless, there is, broadly speaking, ...

Transnational Class Actions in the Shadow of Preclusion

Bone, Rethinking the “Day in Court” Ideal and Nonparty Preclusion, 67. N.Y.U. L. ... Brand, Jurisdictional Developments and the New Hague Judgments Project, in.

U.S. Court Rules Ex Parte Section 1782 Discovery Petitions Remain ...

On December 13, 2022, the U.S. Court of Appeals for the Fifth Circuit ruled that respondents have a right to challenge these ex parte discovery ...

Extraterritorial Jurisdiction: Lessons for the Business and Human ...

It does so by exploring extraterritoriality in six different regulatory areas: anti-corruption, securities, antitrust, criminal law, civil cases generally and ...

Rethinking Jurisdiction Clauses in New Zealand - NZLII

Hague Convention on Choice of Court Agreements" (2008) 23 NZULR 215 at 215-216. 6. Adrian Briggs Agreements on Jurisdiction and Choice ofLaw (Oxford University ...

Rethinking the Supreme Court's Interstate Waters Jurisprudence

Rethinking the Supreme Court's Original Jurisdiction in State-Party Cases, 82 Cal. ... for present use in ordering the evidence comprising ...

Extraterritorial Discovery under the Hague Evidence Convention

Few issues have engendered more friction in the international legal community than the extension of the United States legal system beyond.

Parochial Procedure - Stanford Law Review

months after it ordered jurisdictional discovery to proceed under the Evidence. Convention, Jenco v. ... 87-88; James Chalmers, The Hague Evidence ...

Litigating International Child Abduction Cases Under the Hague ...

1983) (granting plaintiff's request for expedited discovery to prepare evidence in support of motion for injunctive relief). 382Semitool, Inc. v. Tokyo ...

Digital evidence: Unaddressed threats to fairness and the ...

On the contrary, in Telfner the attempt by the prosecution to cover a lack of evidence by establishing presumption was sanctioned as a reverse burden of proof ...

LAMAR v. PONCON (2009) - FindLaw Caselaw

The discovery sought could lead to admissible evidence on the issue of general personal jurisdiction. ... Hague Convention, making service on ...

Rethinking Jurisdiction in International Law - UCL Discovery

The second development is the increased acceptance that such jurisdictional duties may in some circumstances be owed not only to other states but also to ...

Husa v. Laboratoires Servier SA - New Jersey - Case Law - VLEX ...

... discovery in the United States pursuant to New Jersey's discovery rules. We ... Rethinking jurisdictional discovery under the Hague Evidence Convention.