2010 Articles

245(i)-Adjustment of Status, a real-life example By Y. Judd Azulay March 2010 If used properly, INA 245(i) can allow an applicant to remain in the US and process permanent residency.

Acquiring real estate in different jurisdictions: Common practice By Silvia Alcoverro & Gerard Hernandez December 2010 A look at the main concerns and worries of transnational investors and operators in their real estate transactions.

Arbitrability of shareholders’ disputes under German Law By Jan Kraayvanger & Mark C. Hilgard February 2010 It has been a matter of dispute for a long time whether and under which preconditions disputes regarding the validity of shareholders’ resolutions of a German limited liability company (GmbH) are arbitrable.

Chinese culture and communications By Shannon M. Shepherd & Peter Y. Qiu October 2010 When trying to cultivate relationships with any client, it is of the utmost importance to remain culturally adaptable, patient, flexible, and tolerant.

CLE on cross-cultural communication By Cindy G. Buys October 2010 A recap of the program presented at the ISBA's Annual Meeting in June, intended to raise awareness about the need for cultural sensitivity when interviewing clients and how that will make you a more effective lawyer.

Commercial arbitration in the People’s Republic of China By R. Terence Tung May 2010 The People’s Republic of China (PRC) now conducts more arbitrations than any other country in the world.

Declining to compel arbitration on public policy grounds: Thomas v. Carnival Corp. By Alex C. Lakatos August 2010 This case is significant because it takes what may be deemed a broad view of when it is appropriate to decline to compel arbitration based on the “public policy” affirmative defense.

Developments in Swiss business law in the first half of 2010 By Florian S. Jörg October 2010 A look at recent Swiss legislation affecting businesses.

Dispute resolution precautions in India By Sonia Baldia & Violeta I. Balan August 2010 A few practical considerations to keep in mind when drafting contractual dispute resolution provisions involving India.

Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.

Editor’s comments By Lewis F. Matuszewich December 2010 An introduction to the issue from Editor Lewis Matuszewich.

Editor’s comments By Lewis F. Matuszewich October 2010 An introduction to the issue from Editor Lewis Matuszewich.

Editor’s Comments By Lewis F. Matuszewich August 2010 An introduction to the issue from Editor Lewis F. Matuszewich.

Editor’s Comments By Lewis F. Matuszewich July 2010 An introduction to the issue from Editor Lewis Matuszewich.

Editor’s Comments By Lewis F. Matuszewich May 2010 An introduction to the issue from Editor Lewis F. Matuszewich.

Editor’s Comments By Lewis F. Matuszewich March 2010 An introduction to this issue written by the newsletter's editor.

Editor’s Comments By Lewis F. Matuszewich February 2010 This is the first issue of The Globe for 2010, and the fifth issue during this ISBA fiscal year.

Flores-Villar v. United States By Anne M. Skallerup July 2010 An unwed father could pass citizenship to his child only if he resided in the U.S. for at least five years after his 14th birthday while an unwed citizen mother needed to show only a continuous period of one year of residing in the U.S. prior to the birth of the child... is this a violation of the Equal Protection Clause of the Fifth Amendment? The U.S. Supreme Court will soon decide.

Foreign judgments enforcing arbitral awards are no longer enforceable in themselves in Germany By Mark C. Hilgard & Jan Kraayvanger May 2010 In a landmark decision last year, the German Federal Supreme Court determined that a foreign judgment confirming an arbitral award can no longer be recognized in Germany.

The International Criminal Court and other forms of international justice By David W. Aubrey February 2010 The field of international criminal law faces a remarkable conundrum. On one hand, international criminal law prosecutes barbaric crimes, such as genocide, slavery, torture, apartheid, and racism. Yet on the other hand, the “criminals” who inflict these crimes are difficult to bring to justice because they are often officials of sovereign governments. Though this tension creates practical hindrances, there has been measurable progress to empower international mechanisms to hold perpetrators accountable for their crimes.

ISBA E-clips December 2010 A list of recent cases affecting international & immigration law attorneys.

ISBA E-clips October 2010 Recent cases, culled from ISBA's E-clips service, relating to international & immigration law.

ISBA E-clips August 2010 The ISBA's E-clips often references a case from the 7th Circuit U.S. District Court concerning immigration or Visa issues. If you're not signed up for E-clips already, you're missing out on important legal updates!

Latino cultural communications By Michelle J. Rozovics October 2010 Lawyers who are unaware of their client’s ethnicity, or make assumptions based upon ethnic stereotypes, may experience frustrating client relationships, or may even find their attempts at doing business thwarted.

Letter to the Editor By Bob Markoff August 2010 A call for "attorney pride."

Local enforcement of immigration laws By Tonya Joy Reedy July 2010 Section 287(g) of the Immigration and Nationality Act (INA) allows the U.S. Immigration and Customs Enforcement to grant its authority, under certain conditions, to local law enforcement agencies. This article discusses the varying issues related to the Section and its ramifications for Illinois communities.

Meet the Section Council December 2010 Get to know International & Immigration Law Section Council members Juliet Boyd and Lynne Ostfeld.

Meet the Section Council July 2010 Get to know Council members Gwendolyn Thomas and Scott D. Pollock.

Meet the Section Council March 2010 Get to know Patrick M. Kinnally and Cristen Meadows, two more members of the International & Immigration Law Section Council.

Meet the Section Council February 2010 The members of the International and Immigration Law Section Council bring to the ISBA and the Council a wide range of expertise and interests. Click to read an introduction to Section Council members Violeta Balan and Juanmanuel Garcia-Sanchez.