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
On the narrow isthmus known as Central America, between the world’s two greatest oceans, Nicaragua has been marked by endless years of political turmoil, social tension and economic dismay. The turmoil’s that have shaken the country make it plausible to believe that by some metaphysical law, Nicaraguan politics have accommodated to nature’s tantrums. Like its diverse, rugged and seismically active geology, the country’s politics have been irregular, impulsive and often explosive (Pastor, 15). The Nicaraguan election of February 25, 1990 represents the country’s attempt to break from its turbulent political past and pursue economic and political stability through the establishment of a democracy. The
Nicaragua is the second poorest country in the Western Hemisphere, but is also full of history, tradition and life. It is known for its great folk music, deep heritage and culture. Nicaragua is hidden jewel with warm, gorgeous culture and breathtaking nature. It is surrounded by its incredible history, culture and nature.
Raymond DeSABATO, Jr., and Robin DeSabato, Plaintiffs,v.UNITED STATES of America, Defendant.Civil Action No. 06–40151–FDS.March 6, 2008.
Suppose that prior to this lawsuit, the new government of Honduras had enacted a law making it illegal to purchase weapons from foreign arms dealers. What doctrine of deference might lead a U.S. court to dismiss Robco’s case in that situation? (p.166)
The Mir was a part of a continuous war for knowledge of space and exploration. The Mir had a greater mass than any previous space station.
“Under a decision of the United States Supreme Court, a forum-selection clause is un-enforceable “if enforcement would contravene a strong public policy of the forum in which suit is brought.” California courts have declared in other cases that the AOL clause contravenes a strong public policy. If the court applies the doctrine of stare decisis, will it dismiss the suit?” (Cross,
These extreme cases of judicial misconduct are rare; but when they happen they force us to think critically about our judicial system and the important role it plays in our society. When it comes to preventing abuses
Bogira effectively shows how a lack of ethics in the criminal justice system leads to an anti-defendant bias and an immense miscarriage of justice. The books tells the stories of several defendants- from bond hearings to sentencing- that have been in the courtroom of local Judge Daniel Locallo. Locallo is a great indicator of the contradictions that take place in Courtroom 302. Locallo is a strong advocate of free choice when it comes to defendants taking the stance that poverty, abuse, etc. are no excuse for committing a crime. However, he defends is Uncle Victor stating, “He didn’t freely choose to take the low road, there were circumstances that compelled his illicit career” (Bogira, 155). Locallo is not abiding by the ethics of the court system to ensure that justice is carried out fairly. Another example of how ethics were ignored in Courtroom 302 was the fact that there were several coerced confessions from defendants. “If a defendant happened to have sustained observable injuries, police explained them away in court with one of their stock excuses: he fell down stairs while being arrested; his cellmates beat him up; he rolled off the bench in the lockup; he banged his head on the cell door as he
The petition alleges that the preventable death of the daughters of Ms. Gonzales and the damage they suffered violate her rights to life and to the safety of the person enshrined in Article I, her right to privacy and family life provided in article V, his right to protection of the family, provided in article VI, his right to protection of motherhood and childhood, in accordance with article VII and his right to the inviolability of the home, provided in article IX of the American Declaration of the Rights and Duties of Man (hereinafter, "the American Declaration"). The petitioners add that the fact that the United States did not investigate Ms. González's complaint or provide her with a remedy violates her right to justice, enshrined in Article XVIII, as well as her right to obtain a quick decision from the courts. authorities, provided for in Article XXIV. Finally, the petition maintains that the fact that the United States did not ensure the substantive rights provided for in the articles listed violates Ms. Gonzales' right to equality, as provided in Article II. In response to the petition, the State argues that the petitioners' complaints are inadmissible because the alleged victim did not exhaust domestic
In determining the differences between a freestanding and gateway claim of actual innocence in habeas review, I will identify several factors that go into the courts procedures and verdict in deciding if the convicted petitioner is entitled to habeas relief. Some of these factors include the nature in which the petitioner is questioning their conviction, such as a constitutional error or new evidence surfacing. From that, I will explain how the court decides the standard of review in determining if the petitioner should be granted relief. Finally, I will explain which one of the two has a much higher chance of successfully being granted habeas relief.
“Western countries value the individual above society; in Asia, he said, the good of society is deemed more important than individual liberties” (179). In “Times to Assert American Values” and in “Rough Justice” by Alejandro Reyes, different nations punish crimes in America. After carefully analyzing the two texts, the reader realizes that the article “Rough Justice” has most relevant and sufficient evidence to support it because of the way the author uses important details to support the claim.
The purpose of this memorandum is to outline the important aspects of the case, Goss v. Lopez, and write a case brief using the FIRAC method.
What happens if the H2 worker stops working for the employer and is designated an absconder? Can Secretary of Homeland Security in consultation with Secretary of State reverse the Congressional Temporary Protected Status (“TPS”) designation for El Salvador or would reversal for this country require legislative action? How many I-9 employer audits (“silent raids”) Obama did each year as compared to administration(s) before him?
The USSR had recently funded a communications site on Nicaraguan soil to help them communicate with other socialist nations. With a rising fear of the USSR and other socialist nations, the US immediately accused it of being a spy base. Not shortly afterwards the US began to take action against Nicaragua by issuing an economic blockade. Because the Nicaraguan economy relied so heavily on imports, this had a profound effect and contributed to the collapse of the Nicaraguan economy. “It was impossible to spend even a day in Nicaragua without becoming aware of the huge and unrelenting pressure being exerted on the country by the giant standing on the northern front” (p.24).
The author argues that the operation of Belize test should be understood as: A term has to be fit in either of the traditional test, but before the implication, it has to be checked by Belize that is in congruence with the reasonable interpretation of the contract as a whole. However, there are some fears that the role of necessity has been trumped by reasonableness in Belize that will consequently lead to the court making the contract for the parties. The preliminary issue is how should we understand “necessity”. Some say it is necessary to make the contract work. Some others propose that it is meant to give effect to the intention of the parties. To uphold the principle of freedom of contract, the court must give effect to what the contractual parties intended therefore the court does not inquire into the subjective intention of the either party. In Liverpool City Council and Philips both stress the importance of necessity. Yet we should be careful in both cases they did not nevertheless totally eliminated the role of reasonableness. The difficult here lies in how the court could