JURIST

APRIL 16, 2021

The Constitutional Court in Karlsruhe, Germany, ruled Thursday that Berlin’s Rent Cap Act is unconstitutional as it has undermined Germany’s Basic Law. The Constitutional Court stated that the main rationale of striking down the law was procedural and did not comment on the contents of the law.

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Conflict of Laws

APRIL 13, 2023

The determination of the law applicable to limitation is a complex exercise. The aim of this post is to explore how would Indian substantive law of the contract impact limitation period and party autonomy, especially in the context of contracting out of limitation in a foreign-seated international arbitration.

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JURIST

MARCH 24, 2022

The US Supreme Court Wednesday heard oral arguments in ZF Automotive US, Inc. a case concerning federal district courts’ authority to apply a particular statute to private commercial arbitral tribunals. ” The federal district court granted Luxshare’s application, and subpoenas were sent to ZF senior officers.

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JURIST

APRIL 6, 2022

In a press release from Newsom regarding the new legislation, a link was drawn between SB 1327 and the Texas abortion bill upheld by the Supreme Court. Newsom elaborated further by declaring, “So long as the Supreme Court has set this precedent, California will use it to save lives.”.

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Conflict of Laws

JANUARY 30, 2024

The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? Gakkai ) (hereinafter “PILAJ”). The PILAJ was founded in 1949 as an academic organization.

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Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

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Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

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Conflict of Laws

FEBRUARY 18, 2024

Authors: Abubakri Yekini (Lecturer in Conflict of Laws at the University of Manchester) and Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, Senior Research Associate at the University of Johannesburg).

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ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Those rights are established through case law and frequently invoked in environmental pollution cases.

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Conflict of Laws

NOVEMBER 20, 2022

The United Nations Convention on Contracts for the International Sale of Goods (‘ CISG ’), currently adopted by 95 States, is a treaty intended to harmonise the laws governing cross-border goods trade: and thereby promote trade itself. Dr Benjamin Hayward*. So much is made clear in its Preamble: The States Parties to this Convention , ….

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Conflict of Laws

NOVEMBER 29, 2021

“ Japanese Private International Law ” certainly contains the currently leading reference to Japanese private international law in English. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement.

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JURIST

JUNE 21, 2021

A Swiss court on Friday handed down the first conviction over Liberia’s 1989-1996 civil war, sentencing Alieu Kosiah to 20 years in jail for various crimes, including rape, ordering murders, and cruel treatment of civilians. The trial also marks Switzerland’s first war crimes trial in a civilian court.

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Conflict of Laws

OCTOBER 6, 2021

Published by Hart/Bloomsbury as a part of their Asia-Private International Law Series, this provides an authoritative account of the evolution and application of private international law principles in India in civil, commercial and family matters.

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Conflict of Laws

FEBRUARY 24, 2022

by Zhen Chen, PhD researcher in the Department of Private International Law, University of Groningen, the Netherlands (ORCID ID: [link] ) [1]. The Chinese court classified the statue as a cultural property and applied the choice of law over movable properties provided in Article 37 of Chinese Private International Law ( lex rei sitae).

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Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. In his paper on “Compensation, Punishment, and the Idea of Private Law”, Lukas Rademacher (University of Kiel) explained the idea of punitive damages and its compatibility with German private law.

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Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Email: zhengxinh@cupl.edu.cn. Introduction. Summary of Facts.

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Conflict of Laws

DECEMBER 4, 2023

The enactment was accompanied by amendments to the Rules of Court 2021, Singapore International Commercial Court Rules 2021 and Family Justice Rules 2014. Service of Singapore process through the Convention will help ease the procedure in civil law countries, which may view service of foreign process as raising sovereignty issues.

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JURIST

SEPTEMBER 26, 2022

Law students from the European Union are reporting for JURIST on law-related events in and affecting the European Union and its member states. Ciara Dinneny is a trainee with the Law Society of Ireland. Judge O’Leary will be the first female President elected since the court’s establishment 63 years ago.

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ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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Conflict of Laws

FEBRUARY 10, 2022

The EU Commission’s Proposal of 1 December 2021 outlines, in its introductory Recitals: “Efficient cross-border judicial cooperation requires secure, reliable and time-efficient communication between courts and competent authorities. How will this initiative improve the way in which authorities communicate?

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Conflict of Laws

SEPTEMBER 22, 2023

Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief. The text is available to order from Juta and Amazon.

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Conflict of Laws

JUNE 7, 2021

Published in the Oxford University Commonwealth Law Journal by Saloni Khanderia, Alexander von Humboldt Fellow (Experienced Researcher), Chair for Civil Law, International Private Law and Comparative Law, Ludwig Maximilian University, München and Professor of Law, OP Jindal Global University, Sonipat, India.

Civil Law 52

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Conflict of Laws

SEPTEMBER 22, 2023

Written by Ugljesa Grusic, Associate Professor at University College London, Faculty of Laws Jacco Bomhoff (LSE) , Ugljesa Grusic and Manuel Penades (KCL) are pleased to announce that the LSE Law School will host a symposium to celebrate the scholarly work of emeritus professor Trevor C Hartley.

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The Crime Report

NOVEMBER 10, 2021

Based on four months of research and insights from policing officials, criminal and civil law attorneys, and community leaders, Morganelli proposed four major changes that could form part of new legislation. Second, Morganelli recommends that courts decide whether an officer’s alleged act actually violated the Constitution.

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Conflict of Laws

JULY 9, 2021

(This post is provided by Zeyu Huang, who is an associate attorney of Hui Zhong Law Firm based in Shenzhen. Mr. Huang obtained his LLB degree from the Remin University of China Law School. He is also a PhD candidate & LLM at the Faculty of Law in University of Macau.

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CARET Legal

APRIL 15, 2024

Case management software is reshaping how civil litigators prepare for their cases, making it a smoother, faster, and more efficient process. In civil law, preparation for a case is a task that demands precision, extensive research, and an acute understanding of legal intricacies.

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JURIST

APRIL 6, 2022

In December 2019 the district court judge dismissed the claims against the McDonald’s Corporation stating that under f ederal and state anti-discrimination laws McDonald’s could not be held liable because Ries and three other women were employed by the franchise and not the corporation.

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Conflict of Laws

JULY 25, 2022

In their most recent article on A Hague Convention on Parallel Proceedings , 63 HARVARD INTERNATIONAL LAW JOURNAL ONLINE 1 (2022), Ron Brand and Paul Herrup argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts.

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Litigation Litigating Civil Law Laws 40

Conflict of Laws

JANUARY 7, 2024

Articles 1, 2, and 4 are provisions that positively state the scope of recognition and enforcement of civil and commercial judgments in the two regions; Articles 3, 5, 12, and 13 are provisions that clearly recognize and enforce the scope of civil and commercial judgments of the courts of the two regions.

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Conflict of Laws

JULY 7, 2022

The first view of two recent private international law articles have recently appeared in International and Comparative Law Quarterly. 9)(a) of Practice Direction 6B of the Civil Procedure Rules. It also examines the court’s pronouncements on the other question before it concerning proof of foreign law.

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Personal Injury Civil Law Contract Laws 40

Conflict of Laws

JUNE 16, 2023

This post has been written by Anna Bleichenbacher, MLaw, University of Basel, Nievergelt & Stoehr Law and Notary Office (Switzerland). The pay paternity did not include a legal child relationship recorded in the civil register. The Swiss Federal Supreme Court made clear that the date of the foreign decision or other legal act (i.e.

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Conflict of Laws

NOVEMBER 26, 2022

The European Regulations of Private and Procedural International Law are part of an enclosed legislative system. Like any regional unification, EU law involves discriminatory treatment against those who fall outside its scope. This editorial has been prepared by Prof. Paris Arvanitakis, Aristotle University of Thessaloniki, Greece.

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Conflict of Laws

JUNE 30, 2022

Key takeaways: Despite the fact that the elaboration of a judicial interpretation appears to have been put on hold, China’s Supreme People’s Court has now resorted to conference summaries, which are not legally binding but have a practical impact, to express its views in recognition and enforcement of foreign judgments.

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JURIST

MARCH 17, 2022

The Northern District Court of California Tuesday ruled that Major League Baseball (MLB) violated Arizona and Florida state minimum wage laws when not paying minor leaguers during spring training, instructional leagues, or extended spring training. Chief Magistrate Judge Joseph C.

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How To Become A Paralegal

APRIL 30, 2018

Introduction to Civil Procedure. This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. You’ll learn about civil law terms as well as how the civil court runs and how both of these differ from the criminal system. Criminal Law.

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Paralegal Studies Paralegal Paralegals Legal Research 56

JURIST

NOVEMBER 11, 2022

Jones received a similar outcome in a Texas court in August ordering him to pay $45.2 In a separate order late Wednesday, Bellis temporarily blocked Jones from moving any personal assets out of the country at the request of the plaintiffs, who claimed that Jones was trying to hide assets in order to avoid paying court orders.

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