Globalization of Discovery PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Globalization of Discovery PDF full book. Access full book title Globalization of Discovery by Lucas V.M. Bento. Download full books in PDF and EPUB format.
Author: Lucas V.M. Bento
Publisher: Kluwer Law International B.V.
ISBN: 9041189211
Category : Law
Languages : en
Pages : 469
Get Book Here
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
Get Book Here
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
Get Book Here
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
Get Book Here
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: Ole J. Mjos
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Ian Goldin
Publisher: Macmillan + ORM
ISBN: 1250085101
Category : Business & Economics
Languages : en
Pages : 287
Get Book Here
Book Description
The present is a contest between the bright and dark sides of discovery. To avoid being torn apart by its stresses, we need to recognize the fact—and gain courage and wisdom from the past. Age of Discovery shows how. Now is the best moment in history to be alive, but we have never felt more anxious or divided. Human health, aggregate wealth and education are flourishing. Scientific discovery is racing forward. But the same global flows of trade, capital, people and ideas that make gains possible for some people deliver big losses to others—and make us all more vulnerable to one another. Business and science are working giant revolutions upon our societies, but our politics and institutions evolve at a much slower pace. That’s why, in a moment when everyone ought to be celebrating giant global gains, many of us are righteously angry at being left out and stressed about where we’re headed. To make sense of present shocks, we need to step back and recognize: we’ve been here before. The first Renaissance, the time of Columbus, Copernicus, Gutenberg and others, likewise redrew all maps of the world, democratized communication and sparked a flourishing of creative achievement. But their world also grappled with the same dark side of rapid change: social division, political extremism, insecurity, pandemics and other unintended consequences of discovery. Now is the second Renaissance. We can still flourish—if we learn from the first.
Author: Geoffrey C. Gunn
Publisher: Rowman & Littlefield Publishers
ISBN: 0742580113
Category : History
Languages : en
Pages : 364
Get Book Here
Book Description
First Globalization presents an original and sweeping conceptualization of the grand cultural-civilizational encounter between Asia and Europe. Now largely taken for granted, the exchange resonates in multiple ways even today. Offering a 'metageography' of the vast Eurasian zone, Geoffrey C. Gunn shows how between 1500 and 1800, a lively two-way flow in ideas, philosophies, and cultural products brought competing civilizations into serious dialogue and mostly peaceful exchange. In Europe, the interaction was reflected in missionary reporting, cartographic representations, literary productions, and intellectual fashions, alongside the business of commerce and plunder (when it reached the Americas and peripheries). In Asia—-notably China, India, and particularly Japan—-European ideas and their bearers received a remarkably positive hearing when they did not challenge reigning orthodoxies. Ranging from discussions of the natural world, livelihoods, and religious and intellectual encounters to language, play, crime and punishment, gender, and governance, this book replays the themes of enduring hybridity and 'creolization' of cultures dating from the first great encounter between Europe and Asia.
Author: Daniel Cohen
Publisher: MIT Press
ISBN: 0262266636
Category : Business & Economics
Languages : en
Pages : 205
Get Book Here
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: Jeffrey D. Sachs
Publisher: Columbia University Press
ISBN: 0231550480
Category : Political Science
Languages : en
Pages : 369
Get Book Here
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: Edward R. Carr
Publisher: Macmillan
ISBN: 0230117260
Category : Business & Economics
Languages : en
Pages : 262
Get Book Here
Book Description
In Delivering Development, author Edward Carr calls into question the very universal, unquestioned assumptions about globalization, development, and environmental change that undergird much of development and economic policy. Here he demonstrates how commonly held beliefs about globalization and development have failed the global poor. Over his 13 years of working along what he calls "globalization's shoreline," a world region buffeted by the economic, political, and environmental decisions of those living in wealthier places, Carr has concluded that most experts misunderstand what they are trying to fix, and cannot tell if they are fixing it. Delivering Development is an eye opening, you-are-there book that compels the reader to question conventional wisdom, redefines what assistance to the developing world really means, and explores alternative ways of achieving meaningful, enduring improvements to human well-being.
Author: Leila Simona Talani
Publisher: Springer
ISBN: 303005117X
Category : Political Science
Languages : en
Pages : 232
Get Book Here
Book Description
Firmly rooted in the International Political Economy (IPE) tradition, this book addresses the negative consequences of globalisation, what is termed here the ‘dark side of globalisation’. It explores different definitions of globalisation, whether the globalisation we have seen since the 1970s is substantially new, and to what extent it can be governed. Building on these foundations, the work assesses the prospects for de-globalisation. By focusing on this dark side of globalistion, the authors show how the global economic crisis, and its various local and sectorial manifestations, intensified – rather than generated – existing trends. This scholarship provides an account of the current predicament that is both more complex and more persuasive than the opposition between globalisation and de-globalisation.
