Home Dick
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Home Insurance Co. v. Dick, 281 U.S. 397 (1930), was one of the earliest conflict of laws cases in which the United States Supreme Court held that the U.S. Constitution imposes certain limitations on the ability of states to apply their own law to events occurring in other states.[2]
50 S. Ct. 338; 74 L. Ed. 926; 1930 U.S. LEXIS 396
Appeal from the Supreme Court of Texas
A state can not apply its own law to invalidate clauses of a contract between a resident injured outside the state and a defendant with no contacts relating to the injury in the state.
In this case, C. J. Dick was a resident of Texas, but was living in Mexico, where he was operating a tugboat for a Mexican company. The tugboat was lost in a fire, and Dick returned to Texas to file a lawsuit against two New York-based reinsurers of the Mexican corporation that owned the boat. Later analysts have questioned whether the true facts of the case were really before the courts as it reached various levels of appeal:
Dick arose when a boat burned in Mexico. By the way, this may be the only hard fact in the case. By the time Dick reached the Supreme. Court, the facts as stated in Justice Brandeis's opinion were substantially, well, notional. But the important thing is what Justice Brandeis thought he was deciding.[3]
Home Insurance Co. sought to dismiss the suit because Dick had waited more than a year to file the lawsuit, and a clause in the Home Insurance Co. insurance contract required that any action against it had to be brought within a year of the injury. Although this provision was valid under Mexican law, the Texas courts applied a Texas state law which deemed such clauses invalid unless they provided at least two years for the claimant to file a lawsuit.
The Court, in a unanimous opinion by Justice Brandeis, held that the state of Texas has no power to affect contracts made outside the state, and having no relation to anything done or to be done within the state. The state therefore could not constitutionally apply its own rule invalidating contract clauses that required any statute of limitations under two years to a contract that had no relation to Texas beyond the fact that the plaintiff was a Texas resident. These contacts were insufficient to satisfy the Due Process Clause of the Fourteenth Amendment.
The Supreme Court also rejected a number of defenses raised by Dick. First, the Court rejected claims that the state of Texas had a public policy interest in the outcome of the case, noting that Home Insurance Co. was basically dragged into the Texas courts against its will, and for a matter that did not involve an injury occurring in Texas or a party insured in Texas.
Second, the Court rejected the argument that it lacked subject matter jurisdiction for want of a federal question over a matter of local law. The Court rejected this argument because the case did not involve a local interpretation of the contract, but application of a law external to the contract itself.
Finally Dick contended that the Constitution does not require states to recognize laws of foreign countries. The court rejected this argument because the appeal raised a due process claim, not a claim under the Full Faith and Credit Clause. The court noted that due process applies to aliens, and in any case that the defendant here was a New York company.
The doctrine thereafter continued to steadily develop in a series of cases over the following decades. Within a few decades after the decision, the Supreme Court had also enunciated doctrines that would largely foreclose personal jurisdiction over the defendant in cases such as this.
^ This is the full name as reported in the case; Dick's full given name is not found in the record, although his initials, "C. J.", are found in lower court decisions.
^ Home Insurance Co. v. Dick, 281 U.S. 397 (1930).
^ Louise Weinberg, Unlikely Beginnings of Modern Constitutional Thought, 15 U. Pa. J. Const. L. 291, 303 (2014).
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Home (ๅฎถ), sung by Kit Chan, was composed by Dick Lee in 1998 as the first in a series of yearly songs commissioned for Singapore's National Day Parade, together with the other NDP song that year titled as City For The world. It has English and Chinese versions, both sung by Kit. In 2004, it was remixed for three child soloists, one of whom was young actress and singer Shanice Elizabeth Nathan. The children were accompanied by a girls' choir and the piece was reused as the National Day song for 2004. In 2010, Kit performed the song at the 2010 National Day Parade.[1] The song was well received, being considered one of the best National Day Songs, and is still being used in National Day Parades as of 2020.
"One People, One Nation, One Singapore"
(1990)
In 2011, the music video of a new arrangement of the song was launched on Total Defence Day. Kit is the executive producer of the music video. The new arrangement was performed by 39 local singers (including Kit), accompanied by the Singapore Symphony Orchestra.[2]
On 25 April 2020 at 7:55ย pm (SGT), all Mediacorp, SPH Radio and So Drama! Entertainment stations aired a rendition of Home by celebrities and musicians to commemorate the efforts of frontline and migrant workers during the COVID-19 pandemic. Another video featuring ordinary Singaporeans was aired at 10:30ย pm the same day.[3]
This 1990s song-related article is a stub. You can help Wikipedia by expanding it.
Annual parade in Singapore that celebrates the country's independence
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