Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Conflict of Laws (17)
- International Law (8)
- Jurisdiction (8)
- Comparative and Foreign Law (7)
- International law (6)
-
- Practice and Procedure (6)
- Commercial Law (5)
- Jurisprudence (5)
- Civil Law (4)
- Constitutional Law (4)
- Contracts (4)
- Corporations (4)
- Law and Economics (4)
- Law and Society (4)
- Securities Law (4)
- Banking and Finance (3)
- China (3)
- Choice of law (3)
- Civil Rights and Discrimination (3)
- Computer Law (3)
- Conflict of laws (3)
- Courts (3)
- Dispute Resolution (3)
- Environmental Law (3)
- Evidence (3)
- Human Rights Law (3)
- Indian and Aboriginal Law (3)
- Intellectual Property Law (3)
- Judges (3)
- Law and Technology (3)
- Publication
-
- ExpressO (14)
- Michael Bogdan (5)
- Northwestern Journal of International Law & Business (3)
- Vanderbilt Journal of Transnational Law (3)
- All Faculty Scholarship (2)
-
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Bruno L. Costantini García (2)
- American University Law Review (1)
- Cornell Law Faculty Publications (1)
- Dr Leonardo J Raznovich (1)
- Haradja L Torrens (1)
- Nevada Law Journal (1)
- Nikitas E Hatzimihail (1)
- Research Collection Yong Pung How School Of Law (1)
- Susan D. Franck (1)
- The University of New Hampshire Law Review (1)
- Ulf Maunsbach (1)
- Vanderbilt Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 44
Full-Text Articles in Entire DC Network
Eu Private International Law: An Ec Court Casebook, Michael Bogdan, Ulf Maunsbach
Eu Private International Law: An Ec Court Casebook, Michael Bogdan, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Mnc Liability For International Human Rights Violations Under The Alien Tort Claims Act., Frank Christian Olah
Mnc Liability For International Human Rights Violations Under The Alien Tort Claims Act., Frank Christian Olah
ExpressO
This paper seeks to elucidate the fundamental sources of ATCA jurisprudence that have modernized the act into the weapon it has become for foreign human rights plaintiffs. It also attempts to describe some of the forms of liability asserted against MNCs, paying special attention to the competing forms of aiding & abetting liability as conceptualized in the Unocal case. Part II of this paper will provide a brief and concise review of the three cases every ATCA corporate defendant should know: Filartiga, Kadic and Sosa. These cases lay the groundwork for human rights litigation against MNCs under the ATCA’s modern …
On Conflict Of Human Rights, Xiaobing Xu, George Wilson
On Conflict Of Human Rights, Xiaobing Xu, George Wilson
The University of New Hampshire Law Review
[Excerpt] “This article supports Gewirth’s view: that is, the reason why utilitarian values such as national security, public safety, public order, public health, and public morality may outweigh human rights is that they contain human rights elements. Thus, as a rule, whenever human rights clash with nonrights value considerations, we should analyze whether they contain human rights elements. If they do, they may override human rights that conflict with them. If they do not, they cannot.”
Ex Ante Choices Of Law And Forum: An Empirical Analysis Of Corporate Merger Agreements, Theodore Eisenberg, Geoffrey P. Miller
Ex Ante Choices Of Law And Forum: An Empirical Analysis Of Corporate Merger Agreements, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
Legal scholars have focused much attention on the incorporation puzzle—why business corporations so heavily favor Delaware as the site of incorporation. This paper suggests that the focus on the incorporation decision overlooks a broader but intimately related set of questions. The choice of Delaware as a situs of incorporation is, effectively, a choice of law decision. A company electing to charter in Delaware selects Delaware law (and authorizes Delaware courts to adjudicate legal disputes) regarding the allocation of governance authority within the firm. In this sense, the incorporation decision is fundamentally similar to any setting in which a company selects …
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Ley Federal Del Procedimiento Contencioso Administrativo., Bruno L. Costantini García
Bruno L. Costantini García
Ponencia sobre la Ley Federal del Procedimiento Contencioso Administrativo, impartida por Bruno L. Costantini García.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
Vanderbilt Law Review
In the debate over how federal courts should interpret federal statutes, "faithful agent" theories stand pitted against "dynamic" theories of statutory interpretation. The following questions lie at the heart of the debate: Is the proper role of federal courts to strive to implement the commands of the legislature-in other words, to act as Congress's faithful agents? Or, is the proper role of federal courts to act as partners with Congress in the forward-looking making of federal law-in other words, to interpret statutes dynamically? Proponents of faithful agent theories include both "textualists" and "purposivists." Textualists have argued that federal courts best …
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic
ExpressO
Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where the “real and substantial connection” test is otherwise met (i.e. consent-based jurisdiction, presence-based jurisdiction or assumed jurisdiction) the only available defences to a domestic defendant seeking to have a Canadian court refuse enforcement of a foreign judgment are fraud, public policy and natural justice. The 2005 Ontario decision in United States of America v. Shield Development Co., presents an opportunity to critically analyze the defence of natural justice through a juxtaposition of American and Canadian procedural law. The thesis is that procedural justice mandates that “form follow …
When Rights Collide: In A Battle Between Pharmacists' Right Of Free Exercise And Patients' Right To Access Contraception, Who Wins?, Jacqueline Gilbert
When Rights Collide: In A Battle Between Pharmacists' Right Of Free Exercise And Patients' Right To Access Contraception, Who Wins?, Jacqueline Gilbert
Nevada Law Journal
No abstract provided.
Peace Is Not The Absence Of Conflict: A Response To Professor Rogers' Article: "Fit And Function In Legal Ethics", Kirsten D. Weisenberger
Peace Is Not The Absence Of Conflict: A Response To Professor Rogers' Article: "Fit And Function In Legal Ethics", Kirsten D. Weisenberger
ExpressO
This paper takes the theoretical model Professor Catherine Rogers developed in her article “Fit and Function in Legal Ethics: Developing a Code of Conduct for International Arbitration,” 23 MICH. J. INT’L L. 341 (2002) as the starting point for an original argument that conflicts of laws analysis should be used to determine which legal ethics rules should apply to lawyers practicing international arbitration. The argument is supported by the new ABA Model Rules of Professional Conduct rule on choice of law explicitly applies conflicts of laws analysis to lawyers practicing in the multijurisdictional settings. This paper analyses the new ABA …
“Thinking Globally, Acting Locally”: Recent Trends In The Recognition And Enforcement Of Foreign Judgments In Canada, Antonin I. Pribetic
“Thinking Globally, Acting Locally”: Recent Trends In The Recognition And Enforcement Of Foreign Judgments In Canada, Antonin I. Pribetic
ExpressO
The continuing evolution of the “real and substantial connection” test for the recognition and enforcement of foreign judgments remains a topic of immediate interest. Since the landmark decision in Morguard Investments Ltd. v. De Savoye, and more recently in Beals v. Saldanha, Canadian jurisprudence for the recognition and enforcement of foreign judgments has been dominated by judicial and legislative unilateralism: the establishment of a domestically imposed standard (the lex fori) striving towards national uniformity informed by private international law (or conflict of laws) principles. While the “real and substantial connection” test for jurisdiction simpliciter provides a flexible analytical framework for …
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Primer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Memorias del Primer Congreso Nacional de Organismos Públicos Autonomos
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
The Application Of Federal Common Law To Overcome Conflicting State Laws In The Supplemental Disgorgement Proceedings Of An Sec Appointed Receiver, Gauhar Naseem
ExpressO
In spite of the Erie doctrine, the application of federal common law has survived to overcome conflicting state laws in diversity actions where a federal law, interest or function is implicated. A federal court’s authority to substantively implement a federal common law rule over state law is clearest when the party to the action is a federal entity, namely an agency of the U.S. Government deriving its authority from the Constitution or some source of federal law. Analyzing such authority becomes more difficult in circumstances where parties to a diversity lawsuit are private citizens (not necessarily possessing any direct federal …
The Role Of International Arbitrators, Susan Franck
The Role Of International Arbitrators, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'
The Action Bias In American Law: Internet Jurisdiction And The Triumph Of Zippo Dot Com, Richard Greenstein
The Action Bias In American Law: Internet Jurisdiction And The Triumph Of Zippo Dot Com, Richard Greenstein
ExpressO
American law reflects the stories we tell ourselves about who we are as a nation. To illustrate the effect of America’s stories on the law, I identify and describe in this essay a particular characteristic of American law: an “action bias” – a propensity to bestow disproportionately greater legal significance upon affirmative acts than on failures to act – and I argue that this bias reflects, in turn, a powerful myth at the core of the self-image of the United States, a myth I call the “Immigrant’s Tale.”
To illustrate this thesis, I give a number of instances of the …
How Do You Take Your Multi-State, Class-Action Litigation? One Lump Or Two?, Daniel R. Karon
How Do You Take Your Multi-State, Class-Action Litigation? One Lump Or Two?, Daniel R. Karon
ExpressO
The Class Action Fairness Act of 2005, which essentially federalizes all multi-state class-action cases, has introduced the class-action bar, and necessarily the judiciary, to myriad substantive and procedural issues never before envisioned in class-action litigation’s history. While some of these issues have already surfaced, many others haven’t but will as newly federalized multi-state class-action lawsuits move through litigation to the class certification stage. A major and unavoidable issue involves whether federal judges, when deciding multi-state claims’ class certification under Federal Rule 23, may consider well-developed, state class-action jurisprudence applying a single state’s substantive law or whether doing so violates the …
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
ExpressO
This article considers a problem in Indian law that has been much commented upon but little explored: When a state court exercises jurisdiction over a case with tribal contacts, what law should govern? While the Supreme Court has developed a detailed set of rules dictating whether cases with tribal contacts should be heard in a state or tribal forum, it has devoted almost no attention to the question of which law should apply once a forum has been chosen. Thus, many state courts have simply assumed, without explicit consideration of the issue, that state law should apply to any case …
Understanding Jurisprudential Approaches To Islam, Marc L. Roark
Understanding Jurisprudential Approaches To Islam, Marc L. Roark
ExpressO
The United States recent deal with a United Arab Emirites Company to operate seven U.S. Ports highlights a growing tension in U.S. and Arabic commercial relations. One tension that has remained unnoticed is the role that U.S Courts play in interpreting Islamic texts when the commercial or legal outcome depends on an understanding of the religious culture. This article describes seven cases that demonstrate various approaches to this problem. This article utilizes an approach by James Boyd White, and suggests that translation or its kin transliteration can help judges in deciding Islamic legal principles.
How Do You Take Your Multi-State, Class-Action Litigation? One Lump Or Two?, Daniel R. Karon
How Do You Take Your Multi-State, Class-Action Litigation? One Lump Or Two?, Daniel R. Karon
ExpressO
The Class Action Fairness Act of 2005, which essentially federalizes all multi-state class-action cases, has introduced the class-action bar, and necessarily the judiciary, to myriad substantive and procedural issues never before envisioned in class-action litigation’s history. While some of these issues have already surfaced, many others haven’t but will as newly federalized multi-state class-action lawsuits move through litigation to the class certification stage. A major and unavoidable issue involves whether federal judges, when deciding multi-state claims’ class certification under Federal Rule 23, may consider well-developed, state class-action jurisprudence applying a single state’s substantive law or whether doing so violates the …
The Secret Is Out: Patent Law Preempts Mass Market License Terms Barring Reverse Engineering For Interoperability Purposes, Daniel Laster
The Secret Is Out: Patent Law Preempts Mass Market License Terms Barring Reverse Engineering For Interoperability Purposes, Daniel Laster
ExpressO
As patent protection has emerged to protect software, courts and commentators have mistakenly focused on copyright law and overlooked the centrality of patent preemption to limit contract law where a mass market license which prohibits reverse engineering (RE) for purposes of developing interoperable products leads to patent-like protection. Review of copyright fair use cases on RE and Congress’s policy favoring RE for interoperability purposes in the Digital Millennium Copyright Act reinforce the case for patent preemption. Also, the fundamental freedom to RE embodied in state trade secret law, coupled with federal patent and copyright law and policies, cumulatively should override …
Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao
ExpressO
As the world economy and financial markets become increasingly more integrated, cross-boarder securities transaction becomes a daily event. Because Unite States has the world’s largest and arguably most liquid capital markets, it has attracted a significant number of foreign companies to cross-list their stocks in a U.S. stock exchange. Unavoidably, such transactions will not only bring out fortune, but also disputes between transacting parties. Relying on the powerful federal securities law , U.S. investors who have bought or sold such stocks have routinely sued foreign stock issuers through class action when the stock prices went down, alleging their loss is …
From The Oau To The Au: A Normative Shift With Implications For Peacekeeping And Conflict Management, Or Just A Name Change?, Jonathan D. Rechner
From The Oau To The Au: A Normative Shift With Implications For Peacekeeping And Conflict Management, Or Just A Name Change?, Jonathan D. Rechner
Vanderbilt Journal of Transnational Law
Many of the nations of Africa have struggled with violence since their independence from colonial powers. The formation of an intercontinental body, the Organization for African Unity, did little to reduce the number or severity of the conflicts. The failure of this organization to maintain peace was due in large part to normative boundaries that prevented its involvement in the internal conflicts of its member nations. The Organization of African Unity was dissolved in favor of a new organization, the African Union, in 2001. The mandate of the African Union is much more proactive than that of its predecessor with …
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article, written and published for a Spanish speaking audience, provides with a critical comparative overview of the principles of civil procedure and of the law of evidence.
Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail
Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail
Nikitas E Hatzimihail
Review of an edited volume on "transnational law" (lex mercatoria). The book comprises essays illustrating the diversity of opinion among enthusiasts of a transnational or anational business law, and an empirical study criticized by the reviewer for its "concrete ideological commitment"
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
Choosing Tribal Law: Why State Choice-Of-Law Principles Should Apply To Disputes With Tribal Contacts, Katherine J. Florey
American University Law Review
The Supreme Court has, in recent years, developed a detailed set of rules governing whether cases with tribal contacts should be heard in a state or tribal forum. It is therefore all the more remarkable that courts considering such cases have devoted almost no attention to the question of which law should apply once a forum has been chosen. Instead, courts have broadly assumed, without explicit consideration of the issue, that the forum in which the case is brought will apply its own law. Where state courts are concerned, two problems exist with this approach. First, the assumption that state …
Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy
Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy
Northwestern Journal of International Law & Business
This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the discrepancies could be dealt with in the …
Harold G. Maier: A World Class Fellow Indeed, Paul M. Kurtz
Harold G. Maier: A World Class Fellow Indeed, Paul M. Kurtz
Vanderbilt Journal of Transnational Law
Hal Maier has played many roles in my life: he has been my teacher, my boss, my advisor, my colleague, and most and best of all, my friend. In all those roles, he has exhibited enthusiasm, patience, tact, and brilliance. Not at all a bad combination, I would say.
Come with me back to his classroom, circa 1970-1971. The subject is Conflict of Laws (which was required back then) or Law of the European Economic Community (which one with no interest in international law only took because of the masterful teacher). Clad in white shirt and oh-so-narrow tie which he …
Transnational Litigation: Is There A "Field"? A Tribute To Hal Maier, Linda Silberman
Transnational Litigation: Is There A "Field"? A Tribute To Hal Maier, Linda Silberman
Vanderbilt Journal of Transnational Law
I was pleased to be asked to offer a few words in honor of my friend, Professor Hal Maier, on the occasion of his retirement from Vanderbilt University Law School. I owe a particular debt of gratitude to Hal, not only because he has been a wonderful friend and colleague over the years, but also because he sparked my interest in a field to which I had only recently turned when we first met and one that now absorbs much of my time and attention. The "field"--if it can be characterized as such--is "international litigation" or "transnational litigation," and that …
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Northwestern Journal of International Law & Business
This article attempts to emphasize that the choice of law analysis in China is distinct from that of other countries, despite the fact that many of the theories and approaches originate in Western countries. The underlying argument is that the ongoing economic reform in China has become a dramatic and driving force for change in the country. This change necessarily shapes the development of choice of law in China in a unique way, and also de. monstrates how China is getting closer to the rest of world while searching for the "China brand" theory and approach in this regard. What …