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Full-Text Articles in Law
Legal Process And Choice Of Law, William L. Reynolds
Legal Process And Choice Of Law, William L. Reynolds
Faculty Scholarship
No abstract provided.
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
Faculty Scholarship
No abstract provided.
Interjurisdictional Preclusion, Howard M. Erichson
Interjurisdictional Preclusion, Howard M. Erichson
Faculty Scholarship
Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion1 more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. This article examines the problem of interjurisdictional preclusion, and, in particular, the problem of choice of preclusion law. Choice of-preclusion law cannot be appreciated in the abstract, but rather must be considered in light of litigation …
A Worthy Champion For Fourteenth Amendment Rights: The United States In Parens Patriae, Larry Yackle
A Worthy Champion For Fourteenth Amendment Rights: The United States In Parens Patriae, Larry Yackle
Faculty Scholarship
When the Clinton Administration announced its intention to challenge Proposition 209, the new prohibition on affirmative action in California, the Justice Department declined to say whether the United States would formally intervene in the lawsuit already under way or merely file an amicus brief supporting the plaintiffs. Casual observers may have assumed that the Administration considered the form of its participation to raise further political and strategic considerations. That was undoubtedly true. It was also true, however, that Justice Department lawyers faced a legal question as well. According to the precedents on point, the United States required an authorizing statute …