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Class Action Fairness Act Of 2005
The U.S. Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(d), 1453, 1711–15, expanded federal subject-matter jurisdiction over many large class action lawsuits and mass actions in the United States. The bill was the first major piece of legislation of the second term of the Bush Administration. Business groups and tort reform supporters had lobbied for the legislation, arguing that it was needed to prevent class action abuse. President George W. Bush had vowed to support this legislation. The Act permits federal courts to preside over certain class actions in diversity jurisdiction where the aggregate amount in controversy exceeds $5 million; where the class comprises at least 100 plaintiffs; and where there is at least "minimal diversity" between the parties (i.e., at least one plaintiff class member is diverse from at least one defendant). The court, however, may decline jurisdiction under certain circumstances and is required to decline jurisdiction in others. The Act ...
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Chuck Grassley
Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore emeritus of the United States Senate, and the senior United States senator from Iowa, having held the seat since 1981. In 2022, he was reelected to his eighth Senate term, having first been elected in 1980. A member of the Republican Party, Grassley served eight terms in the Iowa House of Representatives (1959–1975) and three terms in the United States House of Representatives (1975–1981). He has served three stints as Senate Finance Committee chairman during periods of Republican Senate majority. When Orrin Hatch's Senate term ended on January 3, 2019 following his retirement, Grassley became the most senior Republican in the Senate and its president pro tempore. During his four decades in the Senate, Grassley has chaired the Senate Finance Committee, the Senate Narcotics Committee, the Senate Judiciary Committee, and the Senate Aging Committee. Earl ...
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Legal Recourse
A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty. * A lawsuit if the issue is a matter of civil law * Contracts that require mediation or arbitration before a dispute can go to court * Referral to police or prosecutor for investigation and possible criminal charges if the matter is a criminal violation * Petition to a legislature or other law-making body for a change in the law if a law is thought to be unjust. * Petition to a president or governor or monarch other chief executive or other official with power to pardon. See also Legal principles * Habeas corpus * Damnum absque injuria, ''loss without injury'' * Arm's length principle * Sovereign immunity. The immunity of state officials or state entities to torts with respect to its subjects. Examples * Arranged marriages may leave the woman without ''legal recourse''. * Bookies and confidence tricksters to block ''legal recourse''. * Victims of bul ...
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William Rubenstein
William B. Rubenstein (born 1960) is an American legal scholar and the Bruce Bromley Professor of Law at Harvard Law School. Professionally, he specializes in complex litigation and civil rights advocacy. He has advocated widely for the rights of gay, lesbian, and HIV-positive individuals. He teaches civil procedure and complex litigation classes. Early life and education Rubenstein was born in 1960. He is originally from Pennsylvania, although he claims he never had an intent to stay. He attended Taylor Allderdice High School in Pittsburgh before receiving his B.A. ''magna cum laude'' from Yale College in New Haven in 1982. In 1986, he received his J.D. ''magna cum laude'' from Harvard Law School. After law school, he clerked for the Hon. Stanley Sporkin in the U.S. District Court for the District of Columbia for one year. Civil Rights work In 1986, Rubenstein was awarded a Harvard Fellowship in Public Interest Law to help start an AIDS Project at the national office of the A ...
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Tort Reform
Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services (e.g. medical malpractice insurance), and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature. Background Tort actions are civil claims for actions that cause a claimant to suffer loss or harm, resulting in legal liability for ...
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Federal Judicial Center
The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of responsibility for the Center include: #conducting and promoting "research and study of the operation of the courts of the United States," and to act to encourage and coordinate the same by others; #developing "recommendations for improvement of the administration and management of .S.courts," and presenting these to the Judicial Conference of the U.S.; and # through all means available, see to conducting programs for the "continuing education and training for personnel" of the U.S. judiciary, for all employees in the justice system, from judges through probation officers and mediators. In addition to these major provisions, §620 (b)(4)(5)(6) sets forth the additional provisions that the FJC will (i) provide staff and assistance to the Judici ...
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Federalist No
The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of deeper European integration are sometimes called Federalists. A major European NGO and advocacy group campaigning for such a political union is the Union of European Federalists. Movements towards a peacefully unified European state have existed since the 1920s, notably the Paneuropean Union. A pan-European party with representation in the European Parliament fighting for the same cause is Volt Europa. In the European Parliament the Spinelli Group brings together MEPs from different political groups to work together of ideas and projects of European federalism; taking their name from Italian politician and MEP Altiero Spinelli, who himself was a major proponent of European federalism, also meeting with fellow deputies in the Crocodile ...
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Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Father who served as the first United States secretary of the treasury from 1789 to 1795. Born out of wedlock in Charlestown, Nevis, Hamilton was orphaned as a child and taken in by a prosperous merchant. He pursued his education in New York before serving as an artillery officer in the American Revolutionary War. Hamilton saw action in the New York and New Jersey campaign, served for years as an aide to General George Washington, and helped secure American victory at the Siege of Yorktown. After the war, Hamilton served as a delegate from New York to the Congress of the Confederation. He resigned to practice law and founded the Bank of New York. In 1786, Hamilton led the Annapolis Convention to replace the Articles of Confederation with the Constitution of the United States, which he helped ratify by writing 51 of the 85 installments of '' The Federali ...
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Federalism
Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single political system, dividing the powers between the two. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy. Federalism differs from confederalism, in which the general level of government is subordinate to the regional level, and from devolution within a unitary state, in which the regional level of government is subordinate to the general level. It represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state. Examples of a federation or federal province or state include Argentina, Australia, Belgium, Bosnia & Herzegovina, Brazil, Canada, Germany ...
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Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private ...
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Chemical Industry
The chemical industry comprises the companies that produce industrial chemicals. Central to the modern world economy, it converts raw materials ( oil, natural gas, air, water, metals, and minerals) into more than 70,000 different products. The plastics industry contains some overlap, as some chemical companies produce plastics as well as chemicals. Various professionals are involved in the chemical industry including chemical engineers, chemists and lab technicians. History Although chemicals were made and used throughout history, the birth of the heavy chemical industry (production of chemicals in large quantities for a variety of uses) coincided with the beginnings of the Industrial Revolution. Industrial Revolution One of the first chemicals to be produced in large amounts through industrial processes was sulfuric acid. In 1736 pharmacist Joshua Ward developed a process for its production that involved heating saltpeter, allowing the sulfur to oxidize and combine with ...
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Petroleum Industry
The petroleum industry, also known as the oil industry or the oil patch, includes the global processes of exploration, extraction, refining, transportation (often by oil tankers and pipelines), and marketing of petroleum products. The largest volume products of the industry are fuel oil and gasoline (petrol). Petroleum is also the raw material for many chemical products, including pharmaceuticals, solvents, fertilizers, pesticides, synthetic fragrances, and plastics. The industry is usually divided into three major components: upstream, midstream, and downstream. Upstream regards exploration and extraction of crude oil, midstream encompasses transportation and storage of crude, and downstream concerns refining crude oil into various end products. Petroleum is vital to many industries, and is necessary for the maintenance of industrial civilization in its current configuration, making it a critical concern for many nations. Oil accounts for a large percentage of the ...
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Asbestos
Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard. Archaeological studies have found evidence of asbestos being used as far back as the Stone Age to strengthen ceramic pots, but large-scale mining began at the end of the 19th century when manufacturers and builders began using asbestos for its desirable physical properties. Asbestos is an excellent electrical insulator and is highly fire-resistant, so for much of the 20th century it was very commonly used across the world as a building material, until its adverse effects on human health were more widely acknowledg ...
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