Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Entire DC Network
Comparative Law And Private International Law, Ralf Michaels
Comparative Law And Private International Law, Ralf Michaels
Faculty Scholarship
No abstract provided.
The Conflicts Restatement And The World, Ralf Michaels
The Conflicts Restatement And The World, Ralf Michaels
Faculty Scholarship
No abstract provided.
Wächter, Carl Georg Von, Ralf Michaels
Wächter, Carl Georg Von, Ralf Michaels
Faculty Scholarship
Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …
The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley
The Supreme Court As A Filter Between International Law And American Constitutionalism, Curtis A. Bradley
Faculty Scholarship
As part of a symposium on Justice Stephen Breyer’s book, “The Court and the World,” this essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this …