The Globalization of Discovery

The Globalization of Discovery
Author: Lucas V. M. Bento
Publisher:
Total Pages: 320
Release: 2019-11-21
Genre:
ISBN: 9789041188403

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.

Globalization of Discovery

Globalization of Discovery
Author: Lucas V.M. Bento
Publisher: Kluwer Law International B.V.
Total Pages: 469
Release: 2019-11-21
Genre: Law
ISBN: 9041189211

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.

Age of Discovery

Age of Discovery
Author: Ian Goldin
Publisher: Macmillan + ORM
Total Pages: 287
Release: 2016-05-24
Genre: Business & Economics
ISBN: 1250085101

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.

Media Globalization and the Discovery Channel Networks

Media Globalization and the Discovery Channel Networks
Author: Ole J. Mjos
Publisher: Routledge
Total Pages: 262
Release: 2009-09-10
Genre: Social Science
ISBN: 1135213720

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.

The Discovery of the Third World

The Discovery of the Third World
Author: Christoph Kalter
Publisher: Cambridge University Press
Total Pages: 517
Release: 2016-09-12
Genre: History
ISBN: 1107074517

This book explores the emergence of 'Third Worldism' as a new intellectual movement during the era of decolonisation and the Cold War.

Globalization and Its Terrors

Globalization and Its Terrors
Author: Teresa Brennan
Publisher: Psychology Press
Total Pages: 274
Release: 2003
Genre: Globalization
ISBN: 9780415285223

In this elegant, lucidly argued account, Teresa Brennan argues that the evidence already exists that globalization has for years been harming not just the poor of the third world but also its alleged beneficiaries in the affluent west.

Globalization

Globalization
Author: Thomas Hylland Eriksen
Publisher: A&C Black
Total Pages: 188
Release: 2007-09-15
Genre: Social Science
ISBN: 1845205243

However, arguing that variation is as characteristic of globalization as standardization, the book stresses the necessity for a bottom-up, comparative analysis. Distinguishing between the cultural, political, economic and ecological aspects of globalization, the book highlights the implications of globalization for people's everyday lives.

Does Science Need a Global Language?

Does Science Need a Global Language?
Author: Scott L. Montgomery
Publisher: University of Chicago Press
Total Pages: 241
Release: 2013-05-06
Genre: Science
ISBN: 022601004X

In early 2012, the global scientific community erupted with news that the elusive Higgs boson had likely been found, providing potent validation for the Standard Model of how the universe works. Scientists from more than one hundred countries contributed to this discovery—proving, beyond any doubt, that a new era in science had arrived, an era of multinationalism and cooperative reach. Globalization, the Internet, and digital technology all play a role in making this new era possible, but something more fundamental is also at work. In all scientific endeavors lies the ancient drive for sharing ideas and knowledge, and now this can be accomplished in a single tongue— English. But is this a good thing? In Does Science Need a Global Language?, Scott L. Montgomery seeks to answer this question by investigating the phenomenon of global English in science, how and why it came about, the forms in which it appears, what advantages and disadvantages it brings, and what its future might be. He also examines the consequences of a global tongue, considering especially emerging and developing nations, where research is still at a relatively early stage and English is not yet firmly established. Throughout the book, he includes important insights from a broad range of perspectives in linguistics, history, education, geopolitics, and more. Each chapter includes striking and revealing anecdotes from the front-line experiences of today’s scientists, some of whom have struggled with the reality of global scientific English. He explores topics such as student mobility, publication trends, world Englishes, language endangerment, and second language learning, among many others. What he uncovers will challenge readers to rethink their assumptions about the direction of contemporary science, as well as its future.

The Dark Side of Globalisation

The Dark Side of Globalisation
Author: Leila Simona Talani
Publisher: Springer
Total Pages: 232
Release: 2019-03-28
Genre: Political Science
ISBN: 303005117X

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.