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Conflict of Laws

2009

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Articles 31 - 40 of 40

Full-Text Articles in Law

How To Prevent Hard Cases From Making Bad Law: Bear Stearns, Delaware And The Strategic Use Of Comity, Marcel Kahan, Edward B. Rock Jan 2009

How To Prevent Hard Cases From Making Bad Law: Bear Stearns, Delaware And The Strategic Use Of Comity, Marcel Kahan, Edward B. Rock

All Faculty Scholarship

The Bear Stearns/JP Morgan Chase merger placed Delaware between a rock and a hard place. On the one hand, the deal’s unprecedented deal protection measures – especially the 39.5% share exchange agreement – were probably invalid under current Delaware doctrine because they rendered the Bear Stearns shareholders’ approval rights entirely illusory. On the other hand, if a Delaware court were to enjoin a deal pushed by the Federal Reserve and the Treasury and arguably necessary to prevent a collapse of the international financial system, it would invite just the sort of federal intervention that would undermine Delaware’s role as the …


The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding Jan 2009

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding

Publications

This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but also unpredictable and highly correlated defaults that create risks for both lenders …


The Ec Treaty And International Family Law, Michael Bogdan Dec 2008

The Ec Treaty And International Family Law, Michael Bogdan

Michael Bogdan

No abstract provided.


Private International Law Aspects Of The Introduction Of Same-Sex Marriages In Sweden, Michael Bogdan Dec 2008

Private International Law Aspects Of The Introduction Of Same-Sex Marriages In Sweden, Michael Bogdan

Michael Bogdan

No abstract provided.


The Rome I Regulation On The Law Applicable To Contractual Obligaltions And The Choice Of Law By The Parties, Michael Bogdan Dec 2008

The Rome I Regulation On The Law Applicable To Contractual Obligaltions And The Choice Of Law By The Parties, Michael Bogdan

Michael Bogdan

No abstract provided.


The Treatment Of Environmental Damage In Regulation Rome Ii, Michael Bogdan Dec 2008

The Treatment Of Environmental Damage In Regulation Rome Ii, Michael Bogdan

Michael Bogdan

No abstract provided.


Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan Dec 2008

Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan

Ulf Maunsbach

No abstract provided.


Cooperation Between Legal Systems: The Nordic Model, Michael Bogdan Dec 2008

Cooperation Between Legal Systems: The Nordic Model, Michael Bogdan

Michael Bogdan

No abstract provided.


Promoting Market Economy And Human Rights By Means Of Development Assistance In The Field Of Law, Michael Bogdan Dec 2008

Promoting Market Economy And Human Rights By Means Of Development Assistance In The Field Of Law, Michael Bogdan

Michael Bogdan

No abstract provided.


Desejo, Necessidade, Vontade: O Estado Como Garante Das Potencialidades Humans, Haradja L. Torrens Dec 2008

Desejo, Necessidade, Vontade: O Estado Como Garante Das Potencialidades Humans, Haradja L. Torrens

Haradja L Torrens

The author broaches the subject of the social state democratic promise in the scope of each citizen’s equalities and peculiarities. She outlines the conflict between constitutional rights and circumstantial limitations based on the analysis of economic, juridical and philosophical theories inspired in Ralws, Perelman, Härbele, Verdú and Dworkin. She points out its similiarity to the Brazilian Doctrine followed by Paulo Bonavides, stressing, at last, the post-positivist response to the legal principles for addressing political court trials through case law analysis.