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Conflict of Laws Commons

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Roger Williams University

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Articles 1 - 8 of 8

Full-Text Articles in Conflict of Laws

United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?, Diana Hassel Jan 2021

United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?, Diana Hassel

Roger Williams University Law Review

No abstract provided.


Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence Jan 2018

Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence

Roger Williams University Law Review

No abstract provided.


Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier Oct 2016

Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier

Law Faculty Scholarship

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court's jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …


Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier Nov 2013

Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier Feb 2013

(Still) A "Real And Substantial" Mess: The Law Of Jurisdiction In Canada, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya Monestier Jan 2012

Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya Monestier

Law Faculty Scholarship

There has been significant academic buzz about Silver v. Imax, an Ontario case certifying a global class of shareholders alleging statutory and common law misrepresentation in connection with a secondary market distribution of shares. Although global class actions on a more limited scale have been certified in Canada prior to Imax, it can now be said that global classes have "officially" arrived in Canada. Many predict that the Imax decision means that Ontario will become the new center for the resolution of global securities disputes. This is particularly so after the United States largely relinquished this role in Morrison v. …


Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier Jan 2010

Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier

Law Faculty Scholarship

No abstract provided.


The Retrogressive Flaw Of Chapter 15 Of The Bankruptcy Code: A Lesson From Maritime Law, John J. Chung Apr 2007

The Retrogressive Flaw Of Chapter 15 Of The Bankruptcy Code: A Lesson From Maritime Law, John J. Chung

Law Faculty Scholarship

No abstract provided.