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Articles 1 - 23 of 23
Full-Text Articles in Conflict of Laws
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope
42 U.S.C. § 1981’S Equal Benefit Clause: Debating The Application To Private Actor Discrimination, Lauren Pope
Northwestern Journal of Law & Social Policy
No abstract provided.
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Murphy V. Ncaa: The Supreme Court's Latest Advance In Chemerinsky's "Federalism Revolution", Jonathan O. Ballard Jr.
Loyola of Los Angeles Law Review
No abstract provided.
A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki
A Rule-Based Method For Comparing Corporate Laws, Lynn M. Lopucki
Notre Dame Law Review
Part I explains the processes for specifying a Scenario. It introduces the Scenario that will serve as the illustration in the remainder of this Article—a comparison of the liability of directors for the exercise of poor judgment in a Delaware corporation with the corresponding liability in a United Kingdom public limited company. Part II explains and illustrates the necessity of selecting specific entity types for comparison. Part III describes and illustrates the method for resolving the Scenario in both jurisdictions. Part IV explains and illustrates the novel process for close comparison—the extraction, juxtaposition, and comparison of decisional rules from the …
Legislative Committee Systems: A Design Perspective, Chase Stoddard
Legislative Committee Systems: A Design Perspective, Chase Stoddard
Indiana Journal of Constitutional Design
Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …
The Devious Debtor: 11 U.S.C. § 523(A)(2)(B) And The Need For A More Equitable Outcome, Torie Levine
The Devious Debtor: 11 U.S.C. § 523(A)(2)(B) And The Need For A More Equitable Outcome, Torie Levine
Brooklyn Journal of Corporate, Financial & Commercial Law
Section 523(a)(2)(A) of the Bankruptcy Code prohibits debtors from discharging debts for money, property, services, or credit obtained by false pretenses, a false representation, or actual fraud other than a statement respecting the debtor’s financial condition. Under § 523(a)(2)(B), if those debts are obtained by a statement respecting the debtor’s financial condition, then the statement must be in writing for the debt to be discharged. A conflict among the circuit courts arose as to whether a statement about a single asset can be a statement respecting the debtor’s financial condition. The majority of the courts applied a narrow interpretation to …
A Fox In The Henhouse: Applying California's Delayed Discovery Rule In Federal Court, Samuel Donohue
A Fox In The Henhouse: Applying California's Delayed Discovery Rule In Federal Court, Samuel Donohue
Loyola of Los Angeles Law Review
No abstract provided.
Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, Jessica Berch
Weed Wars: Winning The Fight Against Marijuana Spillover From Neighboring States, Jessica Berch
Nevada Law Journal
No abstract provided.
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Habitual Residence V. Domicile: A Challenge Facing American Conflicts Of Laws, Mo Zhang
Maine Law Review
Habitual residence has now become an internationally accepted connecting factor in conflict of laws and is widely being used as an alternative to, or replacement of, domicile. This concept, however, remains remote to American conflict of laws. Although the use of habitual residence in the U.S. courts is mandated by the codification of the Hague Child Abduction Convention, there is still a lack of general acceptance in American conflict of law literature. The Article argues that habitual residence should be adopted as a conflict of law connecting factor in American conflict of laws, and it would be unwise for the …
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather …
Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman
Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman
Texas A&M Law Review
Currently in Texas, standing options for third-party nonparents seeking to file suits affecting the parent-child relationship (“SAPCRs”) are extremely limited. And, even though the standing options are codified, the evidence necessary to meet the threshold elements may be drastically different depending on the case’s location. These third parties, who have previously exercised parental responsibilities, must make showings to the court that most divorced parents could not make; and this is just for a chance to bring a claim in court. While this seems unfair, and Texas should absolutely resolve the split among its appellate courts, there is one extremely important …
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow
Texas A&M Law Review
China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not aimed at prohibiting bribes …
Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta
Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta
Public Land & Resources Law Review
In Navajo Nation v. Department of the Interior, the Navajo Nation challenged the Department of the Interior’s 2001 and 2008 water allocation guidelines and asserted that under NEPA and the APA the guidelines violated the Navajo Nation’s water rights. The Navajo Nation also asserted a breach of trust claim against the United States. After nearly a decade of attempted settlement negotiations, the Navajo Nation reasserted its complaints. The District Court for the District of Arizona denied the Navajo Nation’s motions, and the Navajo Nation appealed to the Ninth Circuit Court of Appeals, which determined the Navajo Nation lacked standing, …
Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk
Journal of Legislation
No abstract provided.
International Mother Of Mystery: Protecting Surrogate Mothers’ Participation In International Commercial Surrogacy Contracts, Jamie Cooperman
International Mother Of Mystery: Protecting Surrogate Mothers’ Participation In International Commercial Surrogacy Contracts, Jamie Cooperman
Golden Gate University Law Review
The lack of uniform international laws regarding surrogacy exposes all parties involved in surrogacy arrangements to a variety of problems. Challenges include determining the status of children, the rights of intended parents, and the protection of surrogates. Issues regarding the citizenship of babies born to surrogacy agreements tend arise when the child leaves the birth country and enters the intended country of citizenship.
Overall, international surrogacy arrangements present three central problems: (1) the citizenship of children, (2) the rights of intended parents, and (3) the rights and protection of women who serve as surrogates. This Comment focuses on the third …
Interpersonal Human Rights, Hanoch Dagan, Avihay Dorfmann
Interpersonal Human Rights, Hanoch Dagan, Avihay Dorfmann
Cornell International Law Journal
Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns about the commission of grave transnational wrongs. Two main legal strategies— belonging, respectively, to public and private international law— offer important directions for addressing these urgent concerns. One strategy extends state obligations under human rights law to some non-state actors; the other adapts traditional private international law doctrines, notably its public policy exception. Both strategies make important advances, yet both face significant difficulties, which are all fundamentally rooted in what we call “the missing link of privity”— namely, identifying the reason for imposing the burden …
Competing Sovereignty And Laws’ Domains, Paul B. Stephan
Competing Sovereignty And Laws’ Domains, Paul B. Stephan
Pepperdine Law Review
We live in a world of multiple sovereignties. Many think of nation-states as the principal sovereign actors, but sovereign substates and international institutions created by states also hold sway. Each claims a domain, an area (spatial, temporal, conceptual) over which it rules. Ruling includes adopting and applying law. When domains overlap, laws can clash. Competition among sovereigns over legal domains poses a challenge to people who take law into account as they live their lives and plan their futures. What makes these issues immediately important is the growth of the international-law enterprise over the last quarter-century. Both the ambitions and …
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 …
Choice Of Law In Ohio: Two Steps Routinely Missed, Richard S. Walinski
Choice Of Law In Ohio: Two Steps Routinely Missed, Richard S. Walinski
Akron Law Review
At last tally, courts in fewer than half of the states look to the Restatement (Second) Conflict of Laws for any part of their choice-of-law rules. Ohio, however, is in the minority that does. In fact, Ohio has endorsed the Restatement (Second) with surprising enthusiasm. The Supreme Court of Ohio took the unusual step of announcing in 1984 and again in 2007 that it has “adopted” the Restatement (Second) “in its entirety” for resolution of all conflict-of-law questions that arise in this state.
Despite the court’s wholesale endorsement of the Restatement (Second), the courts of Ohio—including the supreme court itself—do …
International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui
Catholic University Journal of Law and Technology
Currently large email service providers, such as Google, Microsoft and Yahoo are refusing to comply with warrants issued under the Secured Communications Act (“SCA”) because in many instances, the requested information may be stored in servers located abroad. In the dismissed Supreme Court case, In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corporation, the Supreme Court should have addressed whether an internet service provider must comply with a warrant issued under the SCA when the requested information is stored in a foreign country and whether enforcement of these warrants would be an impermissible …
The Times They Are A-Changin': Innovation In The Modern Music Festival, Molly R. Madonia
The Times They Are A-Changin': Innovation In The Modern Music Festival, Molly R. Madonia
Marquette Intellectual Property Law Review
Musical festivals are, and have always been, a way for friends and families to gather together to celebrate the latest and greatest in music, food, and entertainment. From large festivals in major metropolitan cities to small, intimate shows, music festivals have long been a source of enjoyment to music fans and a source of inspiration to up-and-coming musicians. This Article will explore innovation within the modern music festival, including legal, political, and operational changes that affect festivals across the country. So, as Emerson, Lake, and Palmer so eloquently expressed, “Welcome back my friends to the show that never ends, we’re …
Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey
Congress Does Not Hide Elephants In Mouse-Holes: How Vimeo Paid No Heed To That Caution, Mitch Bailey
Marquette Intellectual Property Law Review
With the passage of the 1976 Copyright Act, sound recordings fixed prior to February 15, 1972 remained under the protection of the state copyright laws where the works were registered. Some incredible culturally significant songs were fixed before February 15, 1972, including songs from “The Beatles, The Supremes, Elvis Presley, Aretha Franklin, Barbara Streisand, and Marvin Gaye.” To date, state law protects the owner’s rights without interference from federal law, including the Digital Millennium Copyright Act (“DMCA”).
Given its location, the Second Circuit significantly influenced the development of intellectual property law in the United States, especially copyright law. Many businesses …
How To Fill A Procedural Loophole: Re-Evaluating The Ragan And Walker Analysis In Light Of Federal Rule Of Civil Procedure 4(M), Holly M. Boggs
How To Fill A Procedural Loophole: Re-Evaluating The Ragan And Walker Analysis In Light Of Federal Rule Of Civil Procedure 4(M), Holly M. Boggs
Georgia Law Review
Legislatures implement statutes of limitations to
protect defendants from being brought into lawsuits for
incidents long past. However, a proceduralloophole in
the Georgiafederal court system could permit plaintiffs
to disregardstatutes of limitations and wait as long as
they please to notify a defendant of a pending claim.
The loophole exists because federal courts in Georgia
must defer to state law governing the tolling of statutes
of limitations, and that state law is procedurally
incompatible with the federal court's system. In order
to fill the procedural loophole, this Note argues that the
Eleventh Circuit should apply the federal rule-rather
than Georgia's …
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
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.