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Laws are a dead letter without courts to expound and define their true meaning and operation.
--Alexander Hamilton,
"The Federalist No. 22"

 
 
IAN ANDERSON
Advocate and Attorney at Law
Post Office Box 150362
Kew Gardens, NY 11415-0362
USA
718-846-9080
iandersonadvocate@msn.com

  LEGAL PRACTITIONER ON THREE CONTINENTS
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JURISDICTIONS

NORTH AMERICA: All New York City and State Courts, US Federal Courts, and Organization of American States' Tribunals.

EUROPE:  All Courts and Tribunals of the European Union; Council of Europe Tribunals.

AFRICA:  All Courts of the Republic of South Africa (including Township Courts).


SOME DECISIONS OF NOTE

1) AFRICA - South Africa

Several important reported decisions in South African Criminal and Civil Laws, including first impression cases of:

State v. Kharnyapa 1979(1)SA 824, before the Chief Justice of South Africa – Established the application of English Law of Evidence principles in South African murder trials.

Ex Parte Jones: In re Jones v. Jones 1984(4)SA 725(WLD); Private International Law – Concerned a South African spouse married abroad under a regime allowing her to retain her separate domicile and the jurisdiction of South African Courts to hear her divorce action.


2) EUROPE - France (International)

L.C.B. v. UK 1998 - 111 R.J.D. No. 76; 1390 (European Court of Human Rights, Strasbourg) – Regarding the genetic effects of parental exposure to ionizing radiation on children as violations of the European Convention on Human Rights.

McGinley & Egan v. UK 1998 - 111 R.J.D. No.76;1334(European Court of Human Rights, Strasbourg) – Regarding the long-term health effects of ionizing radiation exposure on former troops as violations of the European Convention on Human Rights.


3) EUROPE - Britain

Lord Advocate's Reference No. 1 of 2000: 2001 SLT 507 (High Court of Justiciary) – Regarding the extent to which an Advisory Opinion of the International Court of Justice on the illegality of nuclear weapons constitutes a defence in Scottish Criminal Law.

4) EUROPE - Belgium (International)

Carswell v. Denmark 2007 -Petition 720/2002 (European Parliament, Brussels) - Parliament in plenary session overwhelmingly voted  in favour of a Petition requiring Denmark to comply with an EU Directive for medical monitoring of former Danish workers exposed to radiation in Greenland during a radiological emergency. Only third time in the Parliament's history that  plenary voting procedure adopted to determine a petition.

5) EUROPE - Luxembourg (International
 
Lind v. EU Commission Case T- 5/09 (European Court of Justice)- an autonomous action for wrongful death in which the court failed to find that the Commission's refusal to enforce member state compliance with an EU Directive for precautionary uniform health requirements, was "unlawful",  in an area of human welfare in which the Commission did not possess unlimited discretion to refuse enforcement of EU law.  
 
 
 
6) NORTH AMERICA - United States (New York)

Hochberg v. Davis 171 AD 2nd.192; 179 AD 2nd.372; 575 NYS 2nd. 311 – Affirmed protections for procedural rights of litigants by asserting limitations on powers of State Supreme Court Judges.

Barclays Bank v. M & M Electronic Associates, Inc. 185 AD 2nd. 580; 586 NYS 2nd. 384 – Regarding modifications of a security agreement for corporate financing by subsequent actions of the parties.


7) NORTH AMERICA - United States (Federal)
 
 
Osuna v. GEICO, No 14-1844 cv, (US Court of Appeals for the First Circuit, New York), where the court in an unpublished August 3rd. 2015 decision, declined to find that a New York State law, excluding inter- spousal injury- liability from all home and auto insurance policies, violated Art. 1, sec. 9 of the US Constitution as a legislative Bill of Attainder, though the basis for the State's law was its indiscriminate finding that all married persons have a propensity to commit fraud.
 
Spierer, et al. v. Federated Department Stores, Inc., et al. 328 F 3rd. 829; (US Court of Appeals for the Sixth Circuit, Cincinnati); Regarding the scope of Constitutional limitations on US Bankruptcy Courts’ jurisdiction over state claims.

BAR ADMISSIONS

Europe: 1973, Scottish Bar, UK - Advocate (Barrister). Member of the Scottish College of Justice (est. 1532).

Africa: 1976, Johannesburg Bar - Advocate (Barrister).

North America: 1983, New York State Bar. 1988, United States Federal Bar. 1995, United States Supreme Court.

LAW DEGREES

1970 LL.B. (Honors), Aberdeen University School of Law (est. 1496), UK.

1975 LL.M., University of Cape Town School of Law, South Africa (Original Thesis on Volenti Tort Defence).

1976 LL.B., University of South Africa (UNISA) Law School, South Africa.


LEGAL BARS AND ASSOCIATIONS;
 
Faculty of Advocates, Edinburgh, Scotland; South African Bar, (Johannesburg); US Federal Bar; New York State Bar; Former Member, New York County Lawyers Association (US Federal Courts and Foreign & International Law Committees); New York City Bar Association, European Affairs Committee; Lawyers Committee on Nuclear Policy, New York (Board Member). International Dispute Resolution Panel of American Arbitration Association (Former Member). Justice, UK.

REPORTS

American Bar Association Committee on Human Rights: "1985 Riots, Damage and Suffering in South Africa." New York County Lawyers Association: "US Federal Diversity Jurisdiction", "War Crimes Tribunal for the Former Yugoslavia", "International law and US House Resolution 568", "Legality of North Korea's October 2006 Underground Nuclear Detonation."