Conflict of Laws | Open Access Articles | Digital Commons Network™

Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Hara O'Connor Apr 2002

Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

Fuzzy Logic And The Sliding Scale Theorem, Frederic L. Kirgis Jan 2002

Fuzzy Logic And The Sliding Scale Theorem, Frederic L. Kirgis

Scholarly Articles

The law operates principally in the context of ordinary transactions and relationships. Consequently it is important to develop insights into how it operates in the everyday world. To resolve recurring legal issues in everyday affairs, judges and other decision-makers sometimes use formulas. When a legal formula contains two elements, as several do, a process of fuzzy logic produces a result that is a function of a sliding scale between the elements. Thus, if physical presence in a new state + intent to remain = change of domicile, there will be degrees of each element, such that the degree of physical …

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Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker Jan 2002

Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker

Articles & Book Chapters

With the willingness to enforce foreign default judgments against defendants who did not consent to the jurisdiction of the foreign court and were not local persons there, Canadian courts may need to reconsider the narrowly framed defences so as to strike the comity balance anew.

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Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum Jan 2002

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 …

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Promoting Judicial Acceptance And Use Of Limited Guardianship, Lawrence A. Frolik Jan 2002

Promoting Judicial Acceptance And Use Of Limited Guardianship, Lawrence A. Frolik

Articles

Guardianship comes within the special province of judges. In the great majority of guardianship hearings, there is no jury. The presiding judge is the sole arbiter of whether the alleged incapacitated person meets the legal standard of mental incapacity and whether that person would benefit from the appointment of a guardian. If a guardian is appointed, the judge determines the type and extent of the powers granted to the guardian. Of course, the judge is not simply free to follow his or her own instincts or desires, for the judge is bound to determine the facts carefully and apply the …

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Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum Jan 2002