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United States v. Emerson , 270 F.3d 203 (5th Cir. 2001), [ 1 ] cert. denied , 536 U.S. 907 (2002), [ 2 ] is a decision by the United States Court of Appeals for the Fifth Circuit holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms.
Following the Supreme Court's decisions in Goodyear Dunlop Tires Operations, S.A. v. Brown and Daimler AG v. Bauman, a company doing business on the Internet may be sued for any reason in the jurisdiction where it is "at home," typically its place of incorporation. [3]
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
A U.S. judge on Friday said Southwest Airlines must face a lawsuit by a prominent affirmative action opponent claiming a now-defunct program that awarded free flights to Hispanic college students ...
Thomas I. Emerson (1907–1991) was a 20th-century American attorney and professor of law. He is known as a "major architect of civil liberties law," [ 1 ] "arguably the foremost First Amendment scholar of his generation," [ 2 ] and "pillar of the Bill of Rights ."
In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
The Convention on the Law Applicable to Contractual Obligations 1980, also known as the Rome Convention, is a measure in private international law or conflict of laws which creates a common choice of law system in contracts within the European Union. The convention determines which law should be used, but does not harmonise the substance (the ...
The local law determines who can sue and be sued as parties to the action. The case law on this question is not very consistent. For example, the English court held in Banque Internationale de Commerce de Petrograd v Goukassow [1923] 2 KB 682 that a dead person cannot be a party to an action even though this was possible under the lex causae ...