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Full-Text Articles in Law
Private International Law As An Ethic Of Responsivity, Ralf Michaels
Private International Law As An Ethic Of Responsivity, Ralf Michaels
Faculty Scholarship
The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest—the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of law? My claim in this chapter: not despite, because of its technical character. Private international law provides such an ethic, an ethic of responsivity. It provides us with a technique of ethics, a technique that helps us conceptualise and address some of the most pressing issues of our …
The Conflicts Restatement And The World, Ralf Michaels
The Conflicts Restatement And The World, Ralf Michaels
Faculty Scholarship
No abstract provided.
Wächter, Carl Georg Von, Ralf Michaels
Wächter, Carl Georg Von, Ralf Michaels
Faculty Scholarship
Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …
Comparative Law And Private International Law, Ralf Michaels
Comparative Law And Private International Law, Ralf Michaels
Faculty Scholarship
No abstract provided.
Joseph Story, Ralf Michaels
Joseph Story, Ralf Michaels
Faculty Scholarship
Joseph Story (1779-1845) was one of the greatest and most influential American lawyers of all time. Both as a Supreme Court Justice and as a professor at Harvard Law School, his work and thought were, and still are, of great importance. Today’s private international law would look different without him, both in the United States and in the rest of the world. At the same time, his approach to the field cannot be properly understood unless placed within his broader work on law, and the specific American background against which it was developed.
Jurisdiction, Foundations, Ralf Michaels
Non-State Law In The Hague Principles On Choice Of Law In International Contracts, Ralf Michaels
Non-State Law In The Hague Principles On Choice Of Law In International Contracts, Ralf Michaels
Faculty Scholarship
Article 3 of the Hague Principles on Choice of Law in International Contracts is the first quasi-legislative text on choice of law to allow explicitly for the choice of non-state law also before state courts. This paper, forthcoming in a Festschrift, puts the provision into a broader context, discusses their drafting history and particular issues involved in their interpretation. It also provides a critical evaluation. Article 3 does not respond to an existing need, and its formulation, the fruit of a compromise between supporters and opponents of choosing non-state law, makes the provision unsuccessful for state courts and arbitrators alike.
Jurisdiction And Choice Of Law In International Antitrust Law - A Us Perspective, Ralf Michaels, Hannah L. Buxbaum
Jurisdiction And Choice Of Law In International Antitrust Law - A Us Perspective, Ralf Michaels, Hannah L. Buxbaum
Faculty Scholarship
No abstract provided.
After The Revolution – Decline And Return Of U.S. Conflicts Of Laws, Ralf Michaels
After The Revolution – Decline And Return Of U.S. Conflicts Of Laws, Ralf Michaels
Faculty Scholarship
Scholars in the US have become uninterested in conflict of laws, at least in the core issues that spurred the conflict of laws revolution, especially questions of method and areas of tort and contract law. Proposals for a new (third) Restatement have not yet led very far. By contrast, new interest comes from the fringes: special political questions and interdisciplinarity. As to the first, I use the example of same‑sex marriages to discuss the extent to which discussions about politics are inseparably linked with discussions over conflict of laws. Conflict of laws is here not a mere additional field in …
Interests And Policy Clashes In Conflict Of Laws, Robert Kramer
Interests And Policy Clashes In Conflict Of Laws, Robert Kramer
Faculty Scholarship
No abstract provided.