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- Conflict of laws (21)
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Articles 1 - 30 of 32
Full-Text Articles in Conflict of Laws
The Interpretation And Effect Of Permissive Forum Selection Clauses Under U.S. Law, Hannah L. Buxbaum
The Interpretation And Effect Of Permissive Forum Selection Clauses Under U.S. Law, Hannah L. Buxbaum
Articles by Maurer Faculty
A forum selection clause is a form of contractual waiver. By this device, a contract party waives its rights to raise jurisdictional or venue objections if a lawsuit is initiated against it in the chosen court. The use of such a clause in a particular case may therefore raise a set of questions under contract law. Is the waiver valid? Was it procured by fraud, duress, or other unconscionable means? What is its scope? And so on. Unlike most contractual waivers, though, a forum selection clause affects not only the private rights and obligations of the parties, but something of …
Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum
Determining The Territorial Scope Of State Law In Interstate And International Conflicts: Comments On The Draft Restatement (Third) And On The Role Of Party Autonomy, Hannah L. Buxbaum
Articles by Maurer Faculty
Analyzing a conflict of laws requires thinking both about the scope of potentially applicable law and about priority, or choice, among potentially applicable laws. The Restatement (Second) of Conflict of Laws, published in 1971, contains little guidance on how, or in what order, courts are to address these two inquiries. The draft Restatement (Third), in contrast, differentiates clearly the respective roles of the two analytical elements. It characterizes the resolution of a choice-of-law question as a two-step process. First, the scope of the relevant states’ internal laws must be determined, in order to ascertain which states’ laws might be used …
Transnational Legal Ordering And Regulatory Conflict: Lessons From The Regulation Of Cross-Border Derivatives, Hannah L. Buxbaum
Transnational Legal Ordering And Regulatory Conflict: Lessons From The Regulation Of Cross-Border Derivatives, Hannah L. Buxbaum
Articles by Maurer Faculty
This paper is about the theory and practice of transnational legal ordering. It seeks to gain insight into how transnational legal orders advance by examining one particular problem: the regulation of over-the-counter derivatives. It focuses on events following the global financial crisis, which exposed the deficiencies of the existing regulatory order in identifying and containing the risks created by trading in those securities. In the aftermath of the crisis, the cross-border systemic risk created by OTC derivatives trading was characterized as a problem of global dimension that necessitated a global response. A wide array of actors and institutions, both domestic …
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Book Review. After The Revolution, Gene R. Shreve
Book Review. After The Revolution, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
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.
Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum
Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum
Articles by Maurer Faculty
This article examines how the globalization of economic markets, and attendant changes in international regulatory strategies, challenge the traditional framework of private international law. It examines a variety of developments in the areas of securities, antitrust, and bankruptcy law, analyzing the ways in which they undermine the conception of regulatory power as grounded in the territorial authority of sovereign states. Specifically, the article argues that these changes reflect a shift in conflicts jurisprudence away from the traditional jurisdiction-selecting model and toward a substance-based model, in which a state's economic policy interests can be protected simply through assurance that the substance …
Conflicts Empiricism, Gene R. Shreve
Every Conflicts Decision Is A Promise Broken, Gene R. Shreve
Every Conflicts Decision Is A Promise Broken, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Notes From The Eye Of The Storm, Gene R. Shreve
Notes From The Eye Of The Storm, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Odds Against Teaching Conflicts, Gene R. Shreve
The Odds Against Teaching Conflicts, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve
Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Interest Analysis As Constitutional Law, Gene R. Shreve
Interest Analysis As Constitutional Law, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Preclusion And Federal Choice Of Law, Gene R. Shreve
Preclusion And Federal Choice Of Law, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve
Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Book Review. The Conflict Of Laws: A Comparative Study, Vol. Iii By Ernst Rabel, Monrad G. Paulsen
Book Review. The Conflict Of Laws: A Comparative Study, Vol. Iii By Ernst Rabel, Monrad G. Paulsen
Articles by Maurer Faculty
No abstract provided.
Book Review. Handbook Of The Conflict Of Laws, 3rd Ed. By Herbert F. Goodrich, Monrad G. Paulsen
Book Review. Handbook Of The Conflict Of Laws, 3rd Ed. By Herbert F. Goodrich, Monrad G. Paulsen
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And The Conflict Of Laws, Fowler V. Harper
The Supreme Court And The Conflict Of Laws, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Policy Bases Of The Conflict Of Laws: Reflections On Rereading Professor Lorenzen's Essays, Fowler V. Harper
Policy Bases Of The Conflict Of Laws: Reflections On Rereading Professor Lorenzen's Essays, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
The New Federal Rules And State Procedure, Bernard C. Gavit
The New Federal Rules And State Procedure, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper
Book Review. Handbook Of The Conflict Of Laws, 2nd Ed. By Herbert F. Goodrich, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Book Review. Cases On Conflict Of Laws (Lorenzen), Comparative Commentaries On Private International Law, And Cases On Conflict Of Laws (Harper And Taintor), Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. Stimson, E. S., Conflict Of Criminal Laws, Ralph F. Fuchs
Book Review. Stimson, E. S., Conflict Of Criminal Laws, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Principles Of Conflict Of Laws By George Wilfred Stumberg, Frank Edward Horack Jr.
Book Review. Principles Of Conflict Of Laws By George Wilfred Stumberg, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Collateral Attack Upon Foreign Judgments -- The Doctrine Of Pemberton V. Hughes, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
Effect Of Foreign Divorce Upon Dower And Similar Property Interests, Fowler Vincent Harper
Effect Of Foreign Divorce Upon Dower And Similar Property Interests, Fowler Vincent Harper
Articles by Maurer Faculty
No abstract provided.
The Conflict Of Laws Restatement With Oregon Notes (Chapter 3, Topics A, B), Bernard C. Gavit
The Conflict Of Laws Restatement With Oregon Notes (Chapter 3, Topics A, B), Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
The Use Of The Restatement, Bernard C. Gavit
The Use Of The Restatement, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.