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Articles 1 - 12 of 12
Full-Text Articles in Conflict of Laws
Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar
Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar
Dickinson Law Review (2017-Present)
Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …
Punishment But Not A Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law, Paul A. Hoversten
Punishment But Not A Penalty? Punitive Damages Are Impermissible Under Foreign Substantive Law, Paul A. Hoversten
Michigan Law Review
It is a well-established principle that no court applies the penal laws of another sovereign. But what exactly is a penal law? According to Judge Cardozo, a penal law effects “vindication of the public justice” rather than “reparation to one aggrieved.” Although courts have historically treated punitive damages as a purely civil remedy, that attitude has shifted over time. Modern American punitive damages serve not to compensate the plaintiff but to punish the defendant on behalf of the whole community. Therefore, when courts rely on foreign substantive law to impose punitive damages, they arguably violate the well-established principle that no …
English Justice For An American Company?, Christopher French
English Justice For An American Company?, Christopher French
Christopher C. French
"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis
"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis
Georgia Journal of International & Comparative Law
No abstract provided.
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French
Christopher C. French
Wallis V. Mrs. Smith's Pie Co., Carolyn Brack Armbrust
Wallis V. Mrs. Smith's Pie Co., Carolyn Brack Armbrust
University of Arkansas at Little Rock Law Review
No abstract provided.
Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland
Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
The Qualitative Governmental Interest Analysis: New York's Conflict Of Laws Rules In Transition-George V. Douglas Aircraft , Co., Michigan Law Review
The Qualitative Governmental Interest Analysis: New York's Conflict Of Laws Rules In Transition-George V. Douglas Aircraft , Co., Michigan Law Review
Michigan Law Review
The traditional choice of law rule for torts is that the law of the place of wrong is determinative of all substantive issues. This rule has been frequently criticized and has been rejected by the Restatement (Second), Conflict of Laws, and by a few courts, particularly those of New York. The successor to the traditional approach, however, has not been determined. Under the view of the Restatement (Second), the applicable substantive law is that law of the state which has the most significant relationship with the occurrence and with the parties. Although a qualitative approach would seem possible under …
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
Michigan Law Review
No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …
Babcock V. Jackson: The Transition From The Lex Loci Delicti Rule To The Dominant Contacts Approach, Arthur M. Sherwood
Babcock V. Jackson: The Transition From The Lex Loci Delicti Rule To The Dominant Contacts Approach, Arthur M. Sherwood
Michigan Law Review
This comment will examine the lex loci delicti rule and the judicial transition from it to the new "dominant contacts" approach enunciated in Babcock, with some attempt to consider unresolved difficulties in the newer approach to choice of tort law.
A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts
A Rule Is A Rule Because It Is The Rule: Intellectual Crisis In Conflict Of Laws, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Torts In The Conflict Of Laws, Moffatt Hancock
Torts In The Conflict Of Laws, Moffatt Hancock
Michigan Legal Studies Series
There has been in recent years a marked development of interest in the diversities of laws and their attendant conflicts. While modern facilities of communication accelerate the spread of culture and thus augment the need of uniformity in the laws affecting commerce, they also reveal the significance of local needs, customs, and legal institutions. Indeed, it would seem that multiplication of jurisdictions and progressive diversification of laws in both space and subject matter is an unavoidable concomitant of increasing specialization in the international, interstate, or local economy. If these circumstances serve to justify the perennial effort to simplify the law, …