Doe Vs. Unocal Corporation

Should the Foreign Sovereign Immunities Act (FSIA) preclude this lawsuit? Why or why not? (P.166)

Raymond DeSABATO, Jr., and Robin DeSabato, Plaintiffs,v.UNITED STATES of America, Defendant.Civil Action No. 06–40151–FDS.March 6, 2008.

No. The ruling was 6-3 in favor of the United States. The ruling was 7-2 in favor of California.

Describe the individual of group that initiated the case and their role in the case. Provide background information about them.

The case involving Birch & Davis International, Inc., and Warren M. Christopher, the United States Secretary of State was decided on September 13th, 1993. The case involved procurement procedures conducted by the Agency of International Development (Open Jurist). The issue centered on exclusion of bids made by Birch & Davis International, Inc. Birch challenged the exclusion to the General Services Administration Board of Contract Appeals and they decided that the actions taken by the agency were fair. The case got to the Federal level when Birch appealed the decision by the board.

Was a United States Supreme Court case that ruled that the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. It was also

Eventually, the Thai Community Development Center of Los Angeles brought victims to the EEOC to file charges of discrimination. The EEOC argued that Global Horizons engaged in a pattern or practice of national origin and race discrimination, harassment, and retaliation, which violates Title VII of the Civil Rights Act of 1964 (EEOC, 2011). The EEOC sought back pay, compensatory and punitive damages on behalf of the victims, as well as injunctive relief intended to prevent further abuses at the companies and farms. This would uncover the cruel actions by Global Horizons and the farms for which they were employing these individuals. These farms, such as Del Monte Fresh Produce and Green Acre Farms, suffered reputation scrutiny and possible loss of profit after such discoveries.

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

This court case has a lot to do with the 14th amendment. The 14th amendment is all citizens of the United States nor shall any state deprive any person

     The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.

In the late 1900s, several Latin American governments, including Nicaragua, began drafting and enacting anti-FNC (forum non conveniens) statues to counter its effects. FNC is a legal doctrine which authorizes a court to reject a foreign plaintiff’s case on grounds that there is a more appropriate and convenient forum, the plaintiff’s home nation’s court. They enacted Special Law 364 to block or counteract the FNC dismissal of cases brought to the United States by former Nicaraguan agricultural banana plantation workers who claimed sterility from exposure to the toxic pesticide dibromochloropropane (DBCP) while working for the Dole Food Company. In Rozencranz and Roblin’s article, Tellez v. Dole: Nicaraguan Banana Workers Confront the U.S. Judicial System, the question of whether impropriety by Judge Victoria Chaney in the writ proceedings and whether an error by the appellate court in analyzing those proceedings took place is raised. This paper will examine how Nicaragua’s enactment of Special Law 364 blocks the FNC and can be called a “significant impetus” fraud that does not comply with international standards for due process. We will also focus on the legal defense strategy that Dole’s attorney’s employed after the Tellez jury verdict and prove how it is aimed to discredit the DBCP plaintiffs; as well as how Judge Chaney facilitated this strategy by disabling the adversarial process which suggests that Judge Chaney’s method of evaluating evidence is indeed flawed and

Law and economics is an interdisciplinary field that applies economic theory to examine the formation and the impact of tort law and the tort damages. It focuses mainly on deterrence, paying little attention to justice, fairness, or distribution. It is a tool to assess the costs and benefits that UCC was looking as an outcome of setting up a plant in India - Union Carbide India Ltd (UCIL) - a subsidiary of the Union Carbide Corporation (UCC). We need to determine who bears the burden of the injury and if this injury caused by UCC are compensable to what extent. Two important forms of tort law, which can be used to analyze, are Positivistic Economics and the Normative Economics. Positive economics describes how legal rules influence

This implies that the companies that are implicated in the wrong doing were actually in talks with the government long before the lawsuit was filed. This could have been for the purposes of mediation or to determine just how far outside the law the companies were operating.

On the other hand, we might assess the Legal risk or issue as low due to the fact that most of the human rights treaties has no teeth and does not enact direct legal obligations on companies, therefore, it became part of the companies CSR. Prime example to that is the Multinational enterprise (MNE) as the MNE is not subject of the international law; consequently, the rights and obligations regarding human rights and CSR are fairly vague. On the same hand, the UN guiding principles are soft law as they impose “voluntary standards” for corporations. Nevertheless, it