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- Center of gravity (1)
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Articles 1 - 14 of 14
Full-Text Articles in Conflict of Laws
Community And Fairness In Democratic Theory, Mark Tushnet
Community And Fairness In Democratic Theory, Mark Tushnet
Florida State University Law Review
This commentary responds to an article by Lea Brilmayer in this edition. Professor Tushnet challenges Professor Brilmayer's assertion regarding democratic theory that the process theory of United States v. Carolene Products is irreconcilable with the interest theory which stems from conflict of law analysis.
Response, Lea Brilmayer
Response, Lea Brilmayer
Florida State University Law Review
Professor Brilmayer responds to the commentaries of Professors Laycock, Tushnet, and George.
Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer
Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer
Florida State University Law Review
Interstate cases pose most dramatically the question of the legitimacy of a state's exercise of coercive power. Professor Brilmayer analyzes two existing theories of interstate relations, rejects the notion that democratic theory requires that interstate equality need be an all-or-nothing issues, and suggests that the basis for a state' coercive power toward outsiders should be sharing the burdens and benefits of state law.
Asking The Right Questions, Lawrence C. George
Asking The Right Questions, Lawrence C. George
Florida State University Law Review
Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.
Equality And The Citizens Of Sister States, Douglas Laycock
Equality And The Citizens Of Sister States, Douglas Laycock
Florida State University Law Review
Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.
Interstate Federalism, Lea Brilmayer
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.
Conflicts Of Law In Divorce Litigation: A Looking-Glass World?, Mary M. Wills
Conflicts Of Law In Divorce Litigation: A Looking-Glass World?, Mary M. Wills
Campbell Law Review
Family law, in particular, presents some rather unique problems in the field of conflicts of law. In an attempt to resolve some of these difficulties, this comment will inquire into the relevant policies underlying family law, and divorce law in particular, and analyze the viability of the use of the choice of law doctrine of interest analysis in the divorce arena. It will address the current state of United States conflicts law in family law cases and the possible ramifications of the application of interest analysis to certain family law concepts. Finally, it will propose the adoption of some form …
Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters
Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters
LLM Theses and Essays
In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …
Moffatt Hancock And The Conflict Of Laws: An American-Canadian Perspective, Robert Allen Sedler
Moffatt Hancock And The Conflict Of Laws: An American-Canadian Perspective, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Federalism, State Courts, And Section 1983, Gene R. Nichol
Federalism, State Courts, And Section 1983, Gene R. Nichol
Faculty Publications
No abstract provided.
Market Delineation Under The Naag Horizontal Merger Guidelines: Realities Or Illusions, Gregory J. Werden
Market Delineation Under The Naag Horizontal Merger Guidelines: Realities Or Illusions, Gregory J. Werden
Cleveland State Law Review
The Reagan Administration expressed its enforcement policy for horizontal mergers in Merger Guidelines issued in 1982 and 1984 ("DOJ Guidelines"), implemented its policy through its specific enforcement actions pursuant to section 7 of the Clayton Act, and proposed to codify its policy in amendments to section 7. The National Association of Attorneys General (NAAG) now has gone beyond mere criticism. It has announced the intention of state attorneys general to challenge mergers they believe to be anticompetitive and has issued its own enforcement guidelines for horizontal mergers ("NAAG Guidelines"). The purpose of this Article is to show that the NAAG …
Interest Analysis As Constitutional Law, Gene R. Shreve
Interest Analysis As Constitutional Law, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
Articles & Book Chapters
The author critically examines the recent decision of the Supreme Court of Canada in Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. This case holds that the Canadian Charter of Rights and Freedoms only applies to the relations between government and private persons and not to relations between private persons alone, with two exceptions. The author argues that the first exception - when a private person invokes a statute, rather than the common law, against another private person - is untenable because both the common law and the droit civil are grounded in legislative instruments, respectively …