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Author: Lucas V. M. Bento Publisher: ISBN: 9789041188403 Category : Languages : en Pages : 320
Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Lucas V. M. Bento Publisher: ISBN: 9789041188403 Category : Languages : en Pages : 320
Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Lucas V.M. Bento Publisher: Kluwer Law International B.V. ISBN: 9041189211 Category : Law Languages : en Pages : 469
Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Ole J. Mjos Publisher: Routledge ISBN: 1135213720 Category : Social Science Languages : en Pages : 262
Book Description
This book is about the relationship between media and globalization, explored through the unique study of the global expansion of Discovery Communications, spearheaded by the Discovery Channel, one of the world’s largest providers of factual television programming and media content. The book argues that the study of Discovery's relationship with globalization provides both a specific and a more general practical and theoretical understanding of how the processes of increased linking and interweaving of media and communications unfold and develop, as well as some of the consequences of this.
Author: Ian Goldin Publisher: Bloomsbury Publishing ISBN: 1472936388 Category : Business & Economics Languages : en Pages : 553
Book Description
'A landmark new book.' - The Guardian Age of Discovery looks at the world on the brink of a new Renaissance and asks the question, how do we avoid chaos and disruption, and share more widely the benefits of progress? Now is humanity's best moment. And our most fragile. Global health, wealth and education are booming. Scientific discovery is flourishing. But the same forces that make big gains possible for some of us deliver big losses to others-and tangle us together in ways that make everyone vulnerable. We've been here before. The first Renaissance, the time of Columbus, Copernicus, Gutenberg and others, redrew all maps of the world, liberated information and shifted Western civilization from the medieval to the early modern era. Such change came at a price: social division, political extremism, economic shocks, pandemics and other unintended consequences of human endeavour. Now is our second Renaissance. In the face of terrorism, Brexit, refugee crises and the global impact of a Trump presidency, we can flourish-if we heed the urgent lessons of history. Age of Discovery, revised and updated for this paperback edition, shows us how.
Author: Daniel Cohen Publisher: MIT Press ISBN: 0262266636 Category : Business & Economics Languages : en Pages : 205
Book Description
A provocative argument that the frustrations of globalization stem from the gap between the expectations created and the lagging economic reality in poor countries. The enemies of globalization—whether they denounce the exploitation of poor countries by rich ones or the imposition of Western values on traditional cultures—see the new world economy as forcing a system on people who do not want it. But the truth of the matter, writes Daniel Cohen in this provocative account, may be the reverse. Globalization, thanks to the speed of twenty-first-century communications, shows people a world of material prosperity that they do want—a vivid world of promises that have yet to be fulfilled. For the most impoverished developing nations, globalization remains only an elusive image, a fleeting mirage. Never before, Cohen says, have the means of communication—the media—created such a global consciousness, and never have economic forces lagged so far behind expectations. Today's globalization, Cohen argues, is the third act in a history that began with the Spanish Conquistadors in the sixteenth century and continued with Great Britain's nineteenth-century empire of free trade. In the nineteenth century, as in the twenty-first, a revolution in transportation and communication did not promote widespread wealth but favored polarization. India, a part of the British empire, was just as poor in 1913 as it was in 1820. Will today's information economy do better in disseminating wealth than the telegraph did two centuries ago? Presumably yes, if one gauges the outcome from China's perspective; surely not, if Africa's experience is a guide. At any rate, poor countries require much effort and investment to become players in the global game. The view that technologies and world trade bring wealth by themselves is no more true today than it was two centuries ago. We should not, Cohen writes, consider globalization as an accomplished fact. It is because of what has yet to happen—the unfulfilled promises of prosperity—that globalization has so many enemies in the contemporary world. For the poorest countries of the world, the problem is not so much that they are exploited by globalization as that they are forgotten and excluded.
Author: Lauren Oyler Publisher: Catapult ISBN: 1948226936 Category : Fiction Languages : en Pages : 272
Book Description
A NATIONAL BESTSELLER * A NEW YORK TIMES BOOK REVIEW EDITORS’ CHOICE * A WASHINGTON POST BEST BOOK OF THE YEAR "An invigorating work, deadly precise in its skewering of people, places and things . . . Stylish, despairing and very funny, Fake Accounts . . . adroitly maps the dwindling gap between the individual and the world." —Katie Kitamura, The New York Times Book Review A woman in a tailspin discovers that her boyfriend is an anonymous online conspiracy theorist in this “absolutely brilliant take on the bizarre and despicable ways the internet has warped our perception of reality” (Elle, One of the Most Anticipated Books of the Year). On the eve of Donald Trump's inauguration, a young woman snoops through her boyfriend's phone and makes a startling discovery: he's an anonymous internet conspiracy theorist, and a popular one at that. Already fluent in internet fakery, irony, and outrage, she's not exactly shocked by the revelation. Actually, she's relieved--he was always a little distant--and she plots to end their floundering relationship while on a trip to the Women's March in DC. But this is only the first in a series of bizarre twists that expose a world whose truths are shaped by online lies. Suddenly left with no reason to stay in New York and increasingly alienated from her friends and colleagues, our unnamed narrator flees to Berlin, embarking on her own cycles of manipulation in the deceptive spaces of her daily life, from dating apps to expat meetups, open-plan offices to bureaucratic waiting rooms. She begins to think she can't trust anyone--shouldn't the feeling be mutual? Narrated with seductive confidence and subversive wit, Fake Accounts challenges the way current conversations about the self and community, delusions and gaslighting, and fiction and reality play out in the internet age.
Author: Jeffrey D. Sachs Publisher: Columbia University Press ISBN: 0231550480 Category : Political Science Languages : en Pages : 369
Book Description
Today’s most urgent problems are fundamentally global. They require nothing less than concerted, planetwide action if we are to secure a long-term future. But humanity’s story has always been on a global scale. In this book, Jeffrey D. Sachs, renowned economist and expert on sustainable development, turns to world history to shed light on how we can meet the challenges and opportunities of the twenty-first century. Sachs takes readers through a series of seven distinct waves of technological and institutional change, starting with the original settling of the planet by early modern humans through long-distance migration and ending with reflections on today’s globalization. Along the way, he considers how the interplay of geography, technology, and institutions influenced the Neolithic revolution; the role of the horse in the emergence of empires; the spread of large land-based empires in the classical age; the rise of global empires after the opening of sea routes from Europe to Asia and the Americas; and the industrial age. The dynamics of these past waves, Sachs demonstrates, offer fresh perspective on the ongoing processes taking place in our own time—a globalization based on digital technologies. Sachs emphasizes the need for new methods of international governance and cooperation to prevent conflicts and to achieve economic, social, and environmental objectives aligned with sustainable development. The Ages of Globalization is a vital book for all readers aiming to make sense of our rapidly changing world.
Author: Scott L. Montgomery Publisher: University of Chicago Press ISBN: 0226535037 Category : Science Languages : en Pages : 241
Book Description
In early 2012, the global scientific community erupted with news that the elusive Higgs boson had likely been found, providing potent validation for the Standard Model of how the universe works. Scientists from more than one hundred countries contributed to this discovery—proving, beyond any doubt, that a new era in science had arrived, an era of multinationalism and cooperative reach. Globalization, the Internet, and digital technology all play a role in making this new era possible, but something more fundamental is also at work. In all scientific endeavors lies the ancient drive for sharing ideas and knowledge, and now this can be accomplished in a single tongue— English. But is this a good thing? In Does Science Need a Global Language?, Scott L. Montgomery seeks to answer this question by investigating the phenomenon of global English in science, how and why it came about, the forms in which it appears, what advantages and disadvantages it brings, and what its future might be. He also examines the consequences of a global tongue, considering especially emerging and developing nations, where research is still at a relatively early stage and English is not yet firmly established. Throughout the book, he includes important insights from a broad range of perspectives in linguistics, history, education, geopolitics, and more. Each chapter includes striking and revealing anecdotes from the front-line experiences of today’s scientists, some of whom have struggled with the reality of global scientific English. He explores topics such as student mobility, publication trends, world Englishes, language endangerment, and second language learning, among many others. What he uncovers will challenge readers to rethink their assumptions about the direction of contemporary science, as well as its future.
Author: Rachel Emma Rothschild Publisher: University of Chicago Press ISBN: 022663471X Category : Science Languages : en Pages : 344
Book Description
The climate change reckoning looms. As scientists try to discern what the Earth’s changing weather patterns mean for our future, Rachel Rothschild seeks to understand the current scientific and political debates surrounding the environment through the history of another global environmental threat: acid rain. The identification of acid rain in the 1960s changed scientific and popular understanding of fossil fuel pollution’s potential to cause regional—and even global—environmental harms. It showed scientists that the problem of fossil fuel pollution was one that crossed borders—it could travel across vast stretches of the earth’s atmosphere to impact ecosystems around the world. This unprecedented transnational reach prompted governments, for the first time, to confront the need to cooperate on pollution policies, transforming environmental science and diplomacy. Studies of acid rain and other pollutants brought about a reimagining of how to investigate the natural world as a complete entity, and the responses of policy makers, scientists, and the public set the stage for how societies have approached other prominent environmental dangers on a global scale, most notably climate change. Grounded in archival research spanning eight countries and five languages, as well as interviews with leading scientists from both government and industry, Poisonous Skies is the first book to examine the history of acid rain in an international context. By delving deep into our environmental past, Rothschild hopes to inform its future, showing us how much is at stake for the natural world as well as what we risk—and have already risked—by not acting.
Author: Lucas V. M. Bento
Author: Lucas V. M. Bento
Author: Lucas V.M. Bento
Author: Ole J. Mjos
Author: Ole J. Mjos
Author: Ian Goldin
Author: Daniel Cohen
Author: Lauren Oyler
Author: Jeffrey D. Sachs
Author: Scott L. Montgomery
Author: Rachel Emma Rothschild