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Articles 61 - 73 of 73
Full-Text Articles in Comparative and Foreign Law
Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum
Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley
Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley
Articles in Law Reviews & Other Academic Journals
It should not be surprising that the United States is not a major proponent of the protection of geographical indications. Countries that stand to benefit the most from this protection are those that have a long history of traditional industries, such as many European countries. These historical differences may help explain the stance that the United States has taken with regard to the protection of geographical indications, as compared to its stance towards other intellectual property rights negotiated in TRIPs Agreement. But the inability of the U.S. to benefit to the same extent as European countries, because of its apparent …
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Articles
The 1999 U.S.-led, NATO-assisted air strike against Yugoslavia has been extolled by some as leading to the creation of a new rule of international law permitting nations to undertake forceful humanitarian intervention where the Security Council cannot act. This view posits the United States as a benevolent hegemon militarily intervening in certain circumstances in defense of such universal values as the protection of human rights. This article challenges that view. NATO's Kosovo intervention does not represent a benign hegemony introducing a new rule of international law. Rather, the United States, freed from Cold War competition with a rival superpower, is …
Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank
Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds
Faculty Scholarship
No abstract provided.
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville
Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville
LLM Theses and Essays
International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …
Why Teach International Family Law In Conflicts?, William L. Reynolds
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.
Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum
Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum
LLM Theses and Essays
The goal of this research is to state the current situation concerning products liability in the United States, the Federal Republic of Germany and more briefly, France and to compare the different systems. Emphasis will be given to the substantive laws, in particular to the new EC Directive and its adoption in the Federal Republic of Germany. Also, it will discuss the current German law, since this will be valid for all claims initiated before the enactment of the new ProdHaftG. Further, based on the previous analysis, it will be shown where a consumer is in the most favorable position …
Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters
Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters
LLM Theses and Essays
In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …
Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr.
Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Procedure And The Conflict Of Laws, Jean-Gabriel Castel
Procedure And The Conflict Of Laws, Jean-Gabriel Castel
Articles & Book Chapters
The enforcement of a validly acquired foreign or domestic right is a matter of procedure governed by the lex fori. A Canadian court always applies its own procedural rules to a case involving a foreign element pending before it even though the merits of the controversy .are governed by some foreign law. Never will the court apply a foreign rule that is procedural. The court in which the action is pending cannot be expected to submit to foreign procedural rules. It must conduct the proceedings according to its own rules. Although it may be bound to apply foreign law, this …
Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson
Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson
Articles
Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."