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Full-Text Articles in Law

The Constitution Of Canada And The Conflict Of Laws, Janet Walker Jan 2001

The Constitution Of Canada And The Conflict Of Laws, Janet Walker

PhD Dissertations

This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the …


Who's The Boss?: Statutory Damage Caps, Courts, And State Constitutional Law, Matthew W. Light Jan 2001

Who's The Boss?: Statutory Damage Caps, Courts, And State Constitutional Law, Matthew W. Light

Washington and Lee Law Review

No abstract provided.


Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg Jan 2001

Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg

Vanderbilt Journal of Transnational Law

In December 2000 the European Council Summit in Nice fulfilled the promise for European Union enlargement made at the Helsinki Summit the year before. The leaders of the EU Member States reaffirmed their commitment to the accession of the applicant countries, making possible the broad re-unification of the continent under democratic rule of law and free market economies. This Article focuses specifically on the accession of the island of Cyprus, Europe's remaining divided state, poised strategically between East and West. The island's armed stand-off presents the clearest example of legal conflict between two ethnic communities in a discrete geographical territory, …


Fear Of Commitment In International Bankruptcy, Frederick Tung Jan 2001

Fear Of Commitment In International Bankruptcy, Frederick Tung

Faculty Scholarship

This article discusses the difficult questions of conflict and cooperation among national bankruptcy regimes that arise with the failure of a multinational firm. The firm's failure typically leaves assets and unpaid creditors in several jurisdictions, but no overarching international bankruptcy system exists. Instead, the national bankruptcy laws of several states might plausibly apply to the firm's bankruptcy or particular aspects of the case. Though multinational firm failure has become more and more common, states have made precious little progress in regularizing coordination or cooperation among national bankruptcy systems. Uncoordinated territorial competition is the norm, resulting in complex conflicts of law. …


Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi Jan 2001

Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

All Faculty Scholarship

No abstract provided.


Conflicts Empiricism, Gene R. Shreve Jan 2001

Conflicts Empiricism, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


The Constitution Of Canada And The Conflict Of Laws, Janet Walker Dec 2000

The Constitution Of Canada And The Conflict Of Laws, Janet Walker

Janet Walker

This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the …