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Comparative and Foreign Law Commons

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Full-Text Articles in Comparative and Foreign Law

Delaware's New Competition, William J. Moon Jan 2020

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …


Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R.. Helfer Jan 2018

Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R.. Helfer

Faculty Scholarship

This chapter, forthcoming in the Oxford Handbook of Comparative Foreign Relations Law, considers two important and unresolved issues raised by unilateral withdrawal from or denunciation of treaties. The first issue concerns whether treaty obligations end in both international and domestic law after a state leaves a treaty. Exit often produces the same effects in both legal systems, but some withdrawals bifurcate a treaty’s status, ending its obligations in domestic law but continuing to bind the state internationally, or vice versa. The second issue concerns denunciations initiated by different branches of government. The decision to withdraw from a treaty is usually …


In Defense Of Territorial Jurisdiction, Cody Jacobs Jan 2018

In Defense Of Territorial Jurisdiction, Cody Jacobs

Faculty Scholarship

As the story is traditionally told, the minimum contacts test introduced in International Shoe v Washington freed personal jurisdiction from the dark age of territorialism and gave courts the flexibility to expand the scope of personal jurisdiction to keep pace with modern society. While scholars have critiqued the minimum contacts test on a number of grounds, the narrative that the Territorial Model was inherently problematic—and that Shoe was a step in the right direction— has gone largely unchallenged.

This Article challenges that narrative and argues for a return to the Territorial Model. While Shoe is traditionally cast as a step …


What Is Foreign Relations Law?, Curtis A. Bradley Jan 2017

What Is Foreign Relations Law?, Curtis A. Bradley

Faculty Scholarship

This draft first chapter of The Oxford Handbook of Comparative Foreign Relations Law considers what is potentially encompassed by the term “foreign relations law,” and what it might mean to think about it as a distinct field of law that can be compared and contrasted across national jurisdictions. The chapter begins by outlining some differences between foreign relations law and international law. It then describes the development of foreign relations law as a field of study within the United States and considers why, at least until recently, it has not been treated as a field in most other countries. Finally, …


Comparative Law And Private International Law, Ralf Michaels Jan 2016

Comparative Law And Private International Law, Ralf Michaels

Faculty Scholarship

No abstract provided.


Jurisdiction, Foundations, Ralf Michaels Jan 2016

Jurisdiction, Foundations, Ralf Michaels

Faculty Scholarship

No abstract provided.


The Conflicts Restatement And The World, Ralf Michaels Jan 2016

The Conflicts Restatement And The World, Ralf Michaels

Faculty Scholarship

No abstract provided.


Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant Jan 2014

Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.


What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds Jan 1997

What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds

Faculty Scholarship

No abstract provided.


Why Teach International Family Law In Conflicts?, William L. Reynolds Jan 1995

Why Teach International Family Law In Conflicts?, William L. Reynolds

Faculty Scholarship

[The author] sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignorning international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.