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Articles 1 - 22 of 22
Full-Text Articles in Law
The Erie Doctrine: A Flowchart, Michael S. Green
The Erie Doctrine: A Flowchart, Michael S. Green
Faculty Publications
No abstract provided.
The Return Of The Unprovided-For Case, Michael S. Green
The Return Of The Unprovided-For Case, Michael S. Green
Faculty Publications
No abstract provided.
Property, Exclusivity, And Jurisdiction, James Y. Stern
Property, Exclusivity, And Jurisdiction, James Y. Stern
Faculty Publications
No abstract provided.
Sovereign Immunity And Sovereign Debt, W. Mark C. Weidemaier
Sovereign Immunity And Sovereign Debt, W. Mark C. Weidemaier
Faculty Publications
No abstract provided.
Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green
Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green
Faculty Publications
No abstract provided.
Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson
Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson
Faculty Publications
When citizens of Ecuador sued Texaco, Inc. in a U.S. court seeking damages for oil contamination in the Amazon, Texaco successfully moved to dismiss the suit in favor of Ecuador based on the forum non conveniens doctrine, arguing – as that doctrine requires – that Ecuador was an adequate alternative forum and more appropriate than the United States for hearing the suit. The plaintiffs then refiled the suit in Ecuador, and a court there entered a multi-billion dollar judgment against Chevron Corporation, which had merged with Texaco. Chevron now argues that the Ecuadorian legal system suffers from deficiencies that should …
Choice Of Law, The Constitution And Lochner, James Y. Stern
Choice Of Law, The Constitution And Lochner, James Y. Stern
Faculty Publications
No abstract provided.
Mandatory Rules, Scott Dodson
Mandatory Rules, Scott Dodson
Faculty Publications
Whether a limitation is jurisdictional or not is an important but often obscure question. In an article published in Northwestern University Law Review, I proposed a framework for courts to resolve the issue in a principled way, but I left open the next logical question: what does it mean if a rule is characterized as nonjurisdictional? Jurisdictional rules generally have a clearly defined set of traits: they are not subject to equitable exceptions, consent, waiver, or forfeiture; they can be raised at any time; and they can be raised by any party or the court sua sponte. This jurisdictional rigidity …
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson
Faculty Publications
It seems that few are pleased with the Court’s recent decision in Bowles v. Russell, in which the Court held the time limit for filing a notice of appeal to be jurisdictional and therefore not susceptible to the unique circumstances doctrine. As I wrote in this original essay, I believe the Court disrupted prior precedent and missed a golden opportunity to develop, in a principled way, a framework for characterizing rules as jurisdictional or not, and I adhere to those views. Three have responded to my essay. Professor Beth Burch criticizes Bowles for some of the same …
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Faculty Publications
One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …
Foreword: Federal-State Conflicts In Health Care, Joan H. Krause
Foreword: Federal-State Conflicts In Health Care, Joan H. Krause
Faculty Publications
No abstract provided.
Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green
Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green
Faculty Publications
No abstract provided.
Federalism, State Courts, And Section 1983, Gene R. Nichol
Federalism, State Courts, And Section 1983, Gene R. Nichol
Faculty Publications
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Faculty Publications
No abstract provided.
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Faculty Publications
The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.
Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr
Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr
Faculty Publications
No abstract provided.
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Faculty Publications
No abstract provided.
Addenda To "Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws", Joseph M. Cormack
Addenda To "Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws", Joseph M. Cormack
Faculty Publications
No abstract provided.
Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws: A Study Of Problems Involved In Determining Whether Or Not The Forum Should Follow Its Own Choice Of A Conflict-Of-Laws Principle, Joseph M. Cormack
Faculty Publications
No abstract provided.
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
Faculty Publications
No abstract provided.
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Faculty Publications
No abstract provided.
Conflict Of Laws: Foreign Tax Suits, Joseph M. Cormack
Conflict Of Laws: Foreign Tax Suits, Joseph M. Cormack
Faculty Publications
No abstract provided.