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Articles 1 - 30 of 44
Full-Text Articles in Conflict of Laws
Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang
Washington Law Review
Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
The Rise Of Transnational Commercial Courts: The Astana International Financial Centre Court, Ilias Bantekas
Pace International Law Review
The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while …
Legal Jurisdiction And Virtual Social Life, Paul Schiff Berman
Legal Jurisdiction And Virtual Social Life, Paul Schiff Berman
Catholic University Journal of Law and Technology
Social lives are increasingly unmoored from physical location. 21st century developments in social media, virtual worlds, augmented reality, electronic financial transactions, drones, robotics, and artificial intelligence allow human beings to interact in more and more robust ways at a physical remove from their location. Meanwhile, the ubiquity of multinational corporations, global supply chains, and cloud-based data all mean that our lives are more likely to be affected by activity that is spatially distant. Virtual effects often replace direct territorial effects.
Three important consequences flow from this ubiquitous technology-enabled, data-driven virtual global societal activity. First, the territorial location of data …
Absolute Conflicts Of Law, Anthony J. Colangelo
Absolute Conflicts Of Law, Anthony J. Colangelo
Indiana Law Journal
This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.
The Article then proposes solutions to absolute conflicts that center on the rule of law …
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
William & Mary Law Review
Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling for the globalization of U.S. law since the late 1980s as part of a transnational litigation narrative.
Through doctrinal and empirical analysis, this Article argues that a U.S. court should have power to exercise personal jurisdiction over an alien defendant not served with process within a state’s borders when (1) the defendant has received constitutionally adequate notice, (2) the state has a constitutionally sufficient …
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco
Pepperdine Law Review
No abstract provided.
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Pepperdine Law Review
No abstract provided.
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
Pepperdine Law Review
No abstract provided.
Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam
Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam
University of Arkansas at Little Rock Law Review
Copyright license cases pose difficult issues regarding the mixture of federal copyright law and state contract law for courts and commentators alike. Specifically, a split exists over which cases "arise under" federal copyright law. This complication is compounded by the difficulty in predicting federal preemption of state contract law.
In an effort to stabilize these complications, this comment recommends an approach of split sovereignty that would empower different systems to control the areas they are designated to regulate. In particular, the author suggests that procedural issues in copyright license cases should be clarified by (1) governing exclusive federal jurisdiction under …
Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein
Exit Costs -- A New Paradign For The Treatment Of International Conflicts Over Matrimonial Property Regimes?, David S. Rosettenstein
Oklahoma Law Review
No abstract provided.
Conflict Of Law And Surreptitious Taping Of Telephone Conversations, Carol M. Bast
Conflict Of Law And Surreptitious Taping Of Telephone Conversations, Carol M. Bast
NYLS Law Review
No abstract provided.
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham
University of Richmond Law Review
No abstract provided.
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
William & Mary Bill of Rights Journal
The Eleventh Amendment prohibits citizens from bringing actions in law or equity against individual states in federal courts. The Amendment does not address whether states are subject to federal jurisdiction for actions in admiralty in which both a shipwreck salvor and a state claim title to a shipwreck Analyzing applicable admiralty, federal, and common law in the context of Eleventh Amendment jurisprudence, this Note examines whether the states are subject to pure admiralty actions in federal court by citizen-salvors seeking either title to or reward for salvaging a shipwreck. The original intentions of admiralty law: rewarding salvors for their efforts, …
Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp
William & Mary Law Review
No abstract provided.
Professor Lowenfeld Responds, Andreas F. Lowenfeld
Professor Lowenfeld Responds, Andreas F. Lowenfeld
Vanderbilt Journal of Transnational Law
Professor Silberman is as usual gracious in acknowledging my writings in various formats, and my efforts to restore conflict of laws to its place as a branch of international law, a place it has occupied in most of the world outside the United States, and occupied here as well in the view of Story and others who wrote before the balkanization of American law in the latter part of the nineteenth century. We have no disagreements on the value of the comparative method in teaching conflict of laws, civil procedure, or international litigation.
This brief response is addressed only to …
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman
Vanderbilt Journal of Transnational Law
In this Article, Professor Silberman suggests that comparative law materials can usefully be introduced in the conflict of laws course. She proposes the subject of adjudicatory jurisdiction as a good place to start. She argues that a comparison of the U.S. approach with the English and European approaches (particularly under the Brussels Convention) is evidence of the desirability of a jurisdictional system grounded more on rules and/or discretion rather than on a constitutional standard of reasonableness. She takes issue with the contention of her colleague Professor Andreas Lowenfeld that "reasonableness" has been accepted as an international standard for the assertion …
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
Washington and Lee Law Review
No abstract provided.
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
University of Arkansas at Little Rock Law Review
No abstract provided.
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
William & Mary Law Review
No abstract provided.
The Choice Of Law Process: Territorialism And Functionalism, Jeffrey M. Shaman
The Choice Of Law Process: Territorialism And Functionalism, Jeffrey M. Shaman
William & Mary Law Review
No abstract provided.
Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover
Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover
American Indian Law Review
No abstract provided.
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Northwestern Journal of International Law & Business
Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …
The Case For Certification, John A. Scanelli
The Case For Certification, John A. Scanelli
William & Mary Law Review
No abstract provided.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
Villanova Law Review
No abstract provided.
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Villanova Law Review
No abstract provided.
Conflict Of Laws- Long Arm Statutes--Sufficient Minimus Contact For In Personam Jurisdiction Over Foreign Corporations, Ronald Ralph Brown
Conflict Of Laws- Long Arm Statutes--Sufficient Minimus Contact For In Personam Jurisdiction Over Foreign Corporations, Ronald Ralph Brown
West Virginia Law Review
No abstract provided.
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Villanova Law Review
No abstract provided.
Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz
Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz
Villanova Law Review
No abstract provided.
Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.
Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.
Villanova Law Review
No abstract provided.
Conflict Of Laws--Erosion Of Lex Loci Deliciti Theory, George Charles Hughes
Conflict Of Laws--Erosion Of Lex Loci Deliciti Theory, George Charles Hughes
West Virginia Law Review
No abstract provided.