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Book
Unifying the Nation : Article IV of the United States Constitution
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ISBN: 1438454600 9781438454603 9781438454597 1438454597 Year: 2015 Publisher: Albany, New York : State University of New York Press,

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Abstract

While there is a vast amount of scholarship on the US Constitution, very little of it addresses Article IV. The article's first section, the Full Faith and Credit Clause, requires that individual states must respect "the public acts, accords, and judicial proceedings of every other state," and the second section, the Privileges and Immunity Clause, prevents one state from treating the citizens of another state in a discriminatory manner. In Unifying the Nation, Joseph F. Zimmerman provides a unique and comprehensive examination of court cases pertaining to both sections. Article IV, he argues, is central to the political and economic union of the individual states that comprise the nation. Many of the court cases cited in the text have tremendous day-to-day relevance and implications for the practice of government, such as same-sex marriage, child adoption, child support, public welfare, health care, and telecommunications.

A lawyer's handbook for enforcing foreign judgments in the United States and abroad
Author:
ISBN: 9780521858748 0521858747 9780511511356 9781107663961 1107663962 1107167086 0511269617 0511270178 0511319649 0511511353 1280750529 0511268068 0511268734 9780511270178 9780511269615 9780511481147 0511481144 Year: 2007 Publisher: Cambridge Cambridge University Press

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This 2007 book assists the practitioner seeking to enforce a foreign judgment in the United States or a US-rendered judgment abroad in navigating the lack of procedural uniformity that exists and in planning strategies likely to ensure effective enforcement. As a handbook, it provides the practitioner with a framework and resources with which to approach and further research the laws of the relevant state or country. In Part One, the guide takes the practitioner chronologically through the process of obtaining a US court's recognition and enforcement of judgments rendered abroad. Part Two takes the practitioner through the process of obtaining an overseas jurisdiction's recognition and enforcement of judgments rendered in the United States. Part Three assesses the current trends in the US and in the international trade environment regarding enforcement of judgments which may be made by foreign courts.


Book
Europäisches Privatrecht in Vielfalt geeint - Droit privé européen: l'unité dans la diversité : Der modernisierte Zivilprozess in Europa - Le procès civil modernisé en Europe
Author:
ISBN: 9783866532434 9783866539808 3866532431 3866539800 Year: 2013 Publisher: Munich : sellier european law publishers,

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Das europäische Privatrecht liegt zunehmend in einem Spannungsfeld zwischen nationalem Recht und Unionsrecht, das sich in einem Prozess der Konvergenz - also der Angleichung - befindet. Der vierte Band der Reihe "Konvergenz der Rechte" behandelt den modernisierten Zivilprozess in Europa. Le droit privé européen oscille entre le droit privé national et le droit supranational. Cette antithèse tend vers un processus de convergence des droits. Le quatrième ouvrage de la série "Convergence des Droits" est dédié au procès civil modernisé en Europe.


Book
Recognition and enforcement of international commercial arbitral awards in Latin America : law, practice and leading cases
Authors: ---
ISBN: 9004284362 9789004284364 1322309949 9781322309941 9789004284357 9004284354 Year: 2015 Publisher: Leiden : Brill Nijhoff,

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The editors of Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.


Book
Cultural property in cross-border litigation
Author:
ISBN: 3110386607 3110355779 9783110355437 3110355434 9783110355772 Year: 2015 Publisher: Berlin

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This thesis comparatively investigates into the cross-border enforcement of claims to misappropriated cultural objects initiated by states. It identifies and categorises sovereign rights in cultural property, and discusses the legal mechanisms to successfully implement these rights in foreign courts. The results may be used by government officials, museum officials, lawyers, art historians, archaeologists, art dealers, academics.


Book
Brussels I regulation
Authors: ---
ISSN: 18640265 ISBN: 9783866531420 9783866538894 3866531427 3866538898 Year: 2012 Volume: 1 Publisher: Munchen: Sellier,

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The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.


Book
The use of foreign precedents by constitutional judges
Authors: ---
ISBN: 9781849462716 1849462712 Year: 2013 Volume: 1 Publisher: Oxford: Hart,

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Keywords

Public law. Constitutional law --- Comparative law --- Judgments, Foreign. --- Judge-made law --- Stare decisis --- Constitutional courts. --- Jugements étrangers --- Droit créé par le juge --- Cours constitutionnelles --- Droit comparé --- Constitutional courts --- Droit constitutionnel --- Jurisprudence --- Droit --- Interprétation --- Constitutional law. --- Stare decisis. --- Law --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Precedents (Law) --- Judgments --- Res judicata --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction. --- Construction --- Interpretation and construction --- Jugements étrangers --- Droit créé par le juge --- Droit comparé --- Droit constitutionnel. --- Jurisprudence. --- Droit comparé. --- Interprétation. --- Judgments, Foreign --- Foreign judgments --- Conflict of laws --- Judicial assistance --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Australie --- Canada --- Inde --- Irlande --- Israël --- Namibie --- Afrique du Sud --- Autriche --- Allemagne --- Hongrie --- Mexique --- Japon --- Roumanie --- Russie --- Taiwan --- Etats-Unis


Book
Foreign judgments in Israel : recognition and enforcement
Authors: ---
ISBN: 3642320023 3642428541 3642320031 1283935104 Year: 2013 Publisher: New York : Springer,

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A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers.  Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues…Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court.

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