Academic literature on the topic 'United States. District Court (California : Southern District)'

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Journal articles on the topic "United States. District Court (California : Southern District)"

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Weinstein, Bonnie. "United States v. Biermann." American Journal of International Law 83, no. 1 (January 1989): 99–103. http://dx.doi.org/10.2307/2202797.

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Defendants, citizens of the United Kingdom, Bermuda, the Federal Republic of Germany and the United States, were operators of a sailing vessel on the high seas that was registered in the United Kingdom and flying the UK flag. Defendants were indicted for possession of several tons of marijuana, with intent to distribute, following a search and seizure of their vessel by the United States Coast Guard. Initially, the court granted defendants’ request for an evidentiary hearing. However, upon further consideration, the U.S. District Court for the Northern District of California (per Legge, J.) held: that the court had proper jurisdiction, and that defendants’ motions to suppress evidence obtained from the boarding, search and seizure of the vessel and to conduct an evidentiary hearing should be denied.
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Leigh, Monroe. "Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa." American Journal of International Law 81, no. 4 (October 1987): 944–47. http://dx.doi.org/10.2307/2203422.

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Koenig, Eric S. "United States v. Palestine Liberation Organization." American Journal of International Law 82, no. 4 (October 1988): 833–37. http://dx.doi.org/10.2307/2203521.

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Plaintiff, the United States, brought an action in the U.S. District Court for the Southern District of New York against the Palestine Liberation Organization (PLO) and four individuals seeking an injunction to close the PLO’s Permanent Observer Mission (Mission) to the United Nations as violative of the Anti-Terrorism Act of 1987 (ATA). The district court (per Palmieri, J.) entered summary judgment for defendants and held: (1) the ATA does not require the closure of the PLO’s Mission to the United Nations; (2) the status of the PLO’s Mission, an invitee of the United Nations, is protected by the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (Headquarters Agreement); and (3) Congress did not intend the ATA to supersede the Headquarters Agreement.
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C.L. "California Court Denies Wrongful Birth Claim." Journal of Law, Medicine & Ethics 24, no. 3 (September 1996): 273–74. http://dx.doi.org/10.1017/s1073110500004046.

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On July 3, 1996, in Jones v. United States(No. 93-20137, 1996 U.S. Dist. WL 382937 (N.D. Cal. July 3,1996)), the United States District Court for the Northern District of California held that plaintiffs in a wrongful birth action cannot recover costs or damages associated with the birth and upbringing of their daughter absent evidence of causation and proof to satisfy liability requirements. Plaintiffs scientific evidence regarding the alleged interaction between antibiotics and oral contraceptives did not satisfy the Daubertstandard (Daubert v. Merrell Dow Pharmaceuticals, Inc.,509 US. 579, 597 (1993) (remanded, Daubert v. Merrell Dow Pharmaceuticals, lnc.,43 F.3d 1311, 1315 (9th Cir.), cert. denied,116 S. Ct. 189 (1995))) for admissibility developed by the Supreme Court. In addition, the plaintiffs failed to meet their burden of persuasion on duty of care and causation.On January 16, 1992, Karyn Jones went to a U.S. Army gynecologist, Dr. James Murphy, to obtain a prescription for birth control pills.
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Leigh, Edward M. "Zedan v. Kingdom of Saudi Arabia." American Journal of International Law 82, no. 4 (October 1988): 828–30. http://dx.doi.org/10.2307/2203519.

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Plaintiff Zedan, an American citizen, brought suit in the United States District Court for the District of Columbia against the Kingdom of Saudi Arabia for breach of a contract guaranteeing wages and profits. While performance under the contract occurred in Saudi Arabia, plaintiff alleged that the jurisdictional requirements under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. §§1330, 1602-1611 (1982)) (FSIA) were satisfied by a recruitment call in California from a representative of the royal overseer of a private Saudi company. The district court granted the Saudi motion to dismiss. On appeal, the United States Court of Appeals for the District of Columbia Circuit (per Silberman, J.) unanimously affirmed and held: (1) that the telephone call did not have the requisite substantiality of contact with the United States; (2) that it was not sufficient to form the basis of a cause of action; and (3) that the alleged breach did not have sufficient direct effect in the United States to satisfy the exceptions to immunity under the FSIA.
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Rosati, Eleonora. "US court rules that unlicensed reproduction of NBA players' tattoos in their videogame avatars is not a copyright infringement." Journal of Intellectual Property Law & Practice 15, no. 5 (April 24, 2020): 318–19. http://dx.doi.org/10.1093/jiplp/jpaa061.

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Porges, Amelia. "United States: Foreign Legal Consultant Rules of California, The District of Columbia and New York." International Legal Materials 26, no. 4 (July 1987): 977–97. http://dx.doi.org/10.1017/s002078290002595x.

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On April 2, 1987, California's new rules on licensing of foreign legal consultants came into effect, joining the foreign legal consultant rules in New York, the District of Columbia, Michigan, and Hawaii [Rule 988, Cal. Rules of Court; N.Y. Ct. App. R. for Licensing of Legal Consultants, 22 N.Y.C.R.R. Part 521; Rule 46 (c) (4), D.C. Ct. App.; Rule 5 (E), Mich. Bd. of L. Exam'rs; Rule 14, Sup. Ct. of Hawaii]. The California, New York and District of Columbia rules are reprinted here. In addition, a foreign legal consultants proposal is now under active consideration in Texas.The table following this note summarizes the provisions of the five foreign legal consultant rules with regard to eligibility for admission, the scope of practice permitted the foreign legal consultant, and professional discipline. In the United States, it is unconstitutional for a state to deny admission to the bar by reason of citizenship (In re Griffiths, 413 U.S. 717 (1973). State residency requirements are also unconstitutional as applied to citizens of other states (Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985). State bar examination pass rates range from 40% to 99%; a substantial number of foreign lawyers have been admitted to the bar by passing the bar examination. As of June 1, 1987, over 70 foreign legal consultants had been licensed in New York, and none in other jurisdictions (one application was pending).
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Burke, Susan. "Desir v. Ilchert." American Journal of International Law 82, no. 4 (October 1988): 830–32. http://dx.doi.org/10.2307/2203520.

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Plaintiff, a Haitian seeking asylum in the United States, filed a petition for habeas corpus in the United States District Court for the Northern District of California, to overturn a denial of asylum by both an immigration judge and the Board of Immigration Appeals (BIA). The plaintiff sought asylum under section 101(a)(42)(A) of the Immigration and Nationality Act (8 U.S.C. §1101(a)(42)(A) (1982)) (INA) on the basis of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” The district court upheld the BIA decision, which allowed deportation of the plaintiff because the incidents of persecution in Haiti were economically rather than politically motivated. The Court of Appeals for the Ninth Circuit (per Tang, J.) reversed, holding that the plaintiff had demonstrated persecution based on political opinion by showing a pattern of extortion by government officials, and remanded for a determination of whether the plaintiff would be persecuted upon his return to Haiti.
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Marcus, Jerome M. "National Petrochemical Co. of Iran v. the M/T Stolt Sheaf." American Journal of International Law 83, no. 2 (April 1989): 368–71. http://dx.doi.org/10.2307/2202752.

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In an action brought in the U.S. District Court for the Southern District of New York, plaintiff, the National Petrochemical Co. of Iran (NPC), sought damages against Monnris Enterprises of Dubai, the United Arab Emirates, Rotexchemie Brunst & Co. of Hamburg (Rotex), and Rotex’s Geneva affiliate, Formula S.A., for breach of an agreement to sell chemicals to NPC. Asserting that NPC is a subsidiary of the National Iranian Oil Co., which is in turn owned wholly by the Government of Iran, defendants moved to dismiss on the ground that the United States does not recognize the Khomeini Government of Iran and, hence, that neither Iran nor its instrumentality NPC has standing to sue in U.S. courts. The district court granted the motion, NPC appealed and the U.S. Court of Appeals for the Second Circuit held: (1) that a foreign state may have standing to sue in U.S. courts even if the United States does not recognize its government or have diplomatic relations with it; (2) that an unrecognized government will have standing to sue if the U.S. executive branch has evinced a willingness to permit the plaintiff to litigate its claims in U.S. courts; and (3) that the level of intercourse between the United States and Iran, and a Statement of Interest filed in this case by the United States as amicuš curiae, show that the executive branch is willing to permit NPC to litigate its claims in U.S. courts.
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S.C. "Michigan Court Clarifies Liability for COB Provisions in ERISA and Auto Plans." Journal of Law, Medicine & Ethics 24, no. 1 (March 1996): 72. http://dx.doi.org/10.1017/s1073110500004587.

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In Campbell Soup Co. v. Allstate Insurance Co. (913 F. Supp. 451 (W.D. Mich. Jan. 9, 1996)), the United States District Court for the Western District of Michigan, Southern Division, held that a health plan's coordination of benefits (COB) clause, covered under the Employee Retirement Income Security Act (ERISA), does not preempt a similar no-fault automobile insurance clause in the absence of irreconcilable conflict. The court found that ERISA's policy of shielding plans from unanticipated claims could only be furthered when the plan had expressly disavowed such claims. Because the ERISA plan in this case did not specifically subordinate itself to the no-fault policy, the district court found that the no-fault COB clause controlled. However, to escape this ruling, ERISA plans need only redraft their COB clauses specifically to disclaim liability in case of conflict with provisions of no-fault insurance policies. This caveat substantially limits the scope of the court's ruling.
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Dissertations / Theses on the topic "United States. District Court (California : Southern District)"

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Zelden, Charles Louis. "Justice lies in the district: A history of the United States District Court, Southern District of Texas, 1902-1960." Thesis, 1991. http://hdl.handle.net/1911/16500.

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Created in 1902, the United States District Court, Southern District of Texas quickly grew into one of the nation's largest and busiest federal trial courts. Serving the rapidly maturing region of southeast Texas, the Court soon had a large and unmanageable docket of public and private cases. Despite the addition of a new judge in 1942 and two new judges in 1949, the Southern District's extensive caseload constantly exceeded the ability of the Court's judges to effectively adjudicate all the business before them. Faced with caseload gridlock, the judges were forced to set priorities between the Court's various public and private functions, giving some categories of action precedence over others. The resulting choices shaped both the actions of the Southern District Court and its wider social, economic and political effects. During the Court's first sixty years, one choice predominated. Pressed by various political, economic, social, personal and legal forces all stressing the need to promote the rapid economic development of southeast Texas, the Court's judges emphasized service to the private economic needs of regional and national businesses. They did this despite the presence of a strong public agenda demanding strict enforcement of government economic and social regulations. The end product of this private emphasis was that the Southern District Court served as a tool for businessmen in their drive to dominate southeast Texas's social, political and economic development. Though only one of many tools utilized by proponents of private economic development, the Southern District Court was especially effective in promoting the stable patterns of growth necessary for private control of southeast Texas's future. As a relatively independent institution able set its own agenda, the Court quickly adapted its services to meet the changing needs of businesses for stability or expansion. In tough economic times, the Court protected vulnerable and failed business from collapse; in times of expansion, it promoted strict standards of ethical business behavior needed for stability. The end result was that the Court played an important, perhaps key, role in promoting business's domination of southeast Texas in the twentieth century, and hence, in shaping southeast Texas's development.
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Wilson, Steven Harmon. "Proceed to judgment: Aspects of judicial management of growth, change, and conflict in the United States District Court for the Southern District of Texas, 1960--2000." Thesis, 2000. http://hdl.handle.net/1911/19570.

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This dissertation is an historical study of efforts, primarily by federal district judges, to manage growth, change, and conflict in the U.S. District Court for the Southern District of Texas during the second half of the twentieth century. Examples of judicial management as I use the phrase encompass a wide variety of activities the federal district judges in the Southern District have undertaken since the 1950s. The judges were required to cope with institutional growth, they felt obliged to foster social change, and they were called on to resolve political conflict. This dissertation examines ways in which various modes of judicial management were manifested in federal trials concerned broadly with civil rights, economic issues, and criminal justice. These three legal, topics exist within specific statutory and doctrinal frameworks that have evolved over the past half century. I will discuss relevant developments in the law pertaining. to the major topics as necessary. However, this dissertation is neither a study of the statutory changes within these three legal categories, nor primarily a study of changes in the theory and practice of judicial management of dockets, cases, or institutions. Rather, I employ these fundamental elements in combination in an attempt to portray a sense of the legal, social, and organizational changes which have transpired over several critical decades in the history of the Southern District of Texas.
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Books on the topic "United States. District Court (California : Southern District)"

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Justice lies in the District: The U.S. District Court, Southern District of Texas, 1902-1960. College Station: Texas A&M University Press, 1993.

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Barrett, John Q. Judges of the District of New York and the Southern District of New York, 1789 to 2014. White Plains, NY: Federal Bar Council, 2014.

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Silberberg, Michael C. Civil practice in the Southern District of New York. Colorado Springs, Colo: Shepard's/McGraw-Hill, 1995.

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Silberberg, Michael C. Civil practice in the Southern District of New York. 2nd ed. [St. Paul, Minn.]: Thomson/West, 2004.

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Silberberg, Michael C. Civil practice in the Southern District of New York. 2nd ed. [St. Paul, Minn.]: West Group, 1998.

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Advisory Committee--San Jose Federal Court, ed. A Judicial odyssey: Federal court in Santa Clara, San Benito, Santa Cruz, and Monterey counties. San Jose: Advisory Committee--San Jose Federal Court, 1985.

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Alexander, Roberta Sue. A place of recourse: A history of the U.S. District Court for the Southern District of Ohio, 1803-2003. Athens, Ohio: Ohio University Press, 2005.

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George, Mills. No one is above the law: The story of southern Iowa's federal court. [United States?: s.n., 1994.

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United States. Congress. House. Committee on the Judiciary. Establishment of three divisions in the Central Judicial District of California: Report (to accompany H.R. 3795) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1992.

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Federal justice in California: The court of Ogden Hoffman, 1851-1891. Lincoln: University of Nebraska Press, 1991.

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Book chapters on the topic "United States. District Court (California : Southern District)"

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Hinnershitz, Stephanie. "From the Gulf to the Courts." In A Different Shade of Justice. University of North Carolina Press, 2017. http://dx.doi.org/10.5149/northcarolina/9781469633695.003.0006.

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The wreckage of the Vietnam War and new American polices geared toward resettling refugees brought thousands of Vietnamese to the United States. Although many Vietnamese settled on the West Coast and in the Great Lakes region, thousands more came to the Gulf of Mexico through sponsors or established family connections seeking work in the shrimping or oil industries of Alabama, Louisiana, Mississippi, and Texas. But, as the Vietnamese soon discovered, they were not welcomed by the largely white population who feared competition and distrusted racial outsiders. The Vietnamese fought back in the Houston District Court, filing a civil rights suit against the Klan with the assistance of the Southern Poverty Law Center.
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"Toys “R” Us, Inc and Geoffrey Inc, v Mohamad Ahmad Akkaoui, An Individual D/B/A Adults “R” Us, Lingerienet D/B/A/ Adults “R” Us, and Acme Distributors D/B/A Adults “R” Us No. C 96-3381 CW – United States District Court For The Northern District of California 1996 U.S. Dist. Lexis 17090; 40 U.S.P.Q.2d (Bna) 1836." In Commonwealth Caribbean Business Law, 389. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145790-61.

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Fulton, William. "After the Unrest: Ten Years of Rebuilding Los Angeles following the Trauma of 1992." In The Resilient City. Oxford University Press, 2005. http://dx.doi.org/10.1093/oso/9780195175844.003.0020.

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It is always difficult to measure urban resilience, but never more so when the trauma results from civil unrest, as opposed to a natural disaster or enemy attack.With natural disasters, it is frequently difficult to place blame, even if “acts of God” are sometimes all too intertwined with ill-advised decisions to site buildings in vulnerable areas. Wars and other attacks usually entail clear enemies, and eventually come to some negotiated halt, accompanied by greater territorial clarity. With riots and civil unrest, by contrast, destruction is community-based. Victims and perpetrators live in close proximity; violence is often inflicted within the very neighborhoods that feel most aggrieved; and recovery entails the need to redress not just physical damage but also deeply ingrained mistrust. Rebuilding, in this sense, requires not just investment in real estate, but also a variety of human capital—local infusions of community dynamism, neighborly cooperation, and no small measure of hope. In the United States, Los Angeles, California, stands out as the site of two generations of civil unrest: the Watts riots of 1965 and the civil unrest of 1992. The 1992 disturbance was the most damaging urban riot in American history, killing fifty-four people and causing hundreds of millions of dollars in property damage. Touched off by the acquittal on April 29 of white police officers accused of beating black motorist Rodney King, the rampage lasted several days and spread to an area much larger than the earlier riots in Watts. The disturbance ranged across dozens of square miles, mostly along the lengthy commercial strips in the southern part of the city of Los Angeles, including many areas not traditionally viewed as part of South Central. It even spilled northward above the Santa Monica Freeway into Hollywood, the traditionally Jewish Fairfax district, and other neighborhoods far from the traditional centers of African-American residence. This chapter investigates a full decade of efforts to rebuild South Central Los Angeles, following the trial of King’s assailants. In so many ways, Los Angeles is a city like no other—a vast but low-rise city, dense and sprawling at the same time. Auto-oriented and generally without high-rises, Los Angeles might seem different from a more traditional metropolis such as New York.
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Conference papers on the topic "United States. District Court (California : Southern District)"

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Helou, Alexander E., Kim Tran, and Cecile Buncio. "Energy Recovery From Municipal Solid Waste in California: Needs and Challenges." In 18th Annual North American Waste-to-Energy Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/nawtec18-3568.

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Thermal technologies, such as gasification, pyrolysis, waste-to-energy (WTE), and advanced thermal recycling (second generation WTE with the most advanced air emission control system), can be employed to recover energy from municipal solid waste (MSW), reduce the volume of material to be landfilled, and lessen the potential emission of methane. Methane is a potent greenhouse gas and a major component of landfill gas. All operating WTE facilities in the United States have been subjected to strict environmental regulations since the passage of the Clean Air Act Amendments in 1990. As a result, U.S. WTE facilities now meet or exceed stringent local air quality standards, including those imposed by the South Coast Air Quality Management District (SCAQMD) in Southern California. The United States Environmental Protection Agency (EPA) recognizes the important role of WTE in the integrated solid waste management and ranks combustion higher than landfilling in its solid waste management hierarchy. In addition to upstream source reduction and recycling, downstream thermal treatment of the residual MSW (conducted in controlled environment) can effectively recover energy and further reduce waste volume. Despite all the advantages and environmental benefits of thermal technologies, its utilization for treating MSW in California still faces many challenges. These include negative public perceptions, economical disadvantages, local marketability of by-products, and disposal options for residuals. This paper discusses the need to include energy recovery in the integrated MSW management in California and the challenges encountered by many local jurisdictions.
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