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Articles 1 - 5 of 5
Full-Text Articles in Conflict of Laws
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Doug Rendleman
No abstract provided.
Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green
Choice Of Law As General Common Law: A Reply To Professor Brilmayer, Michael S. Green
Faculty Publications
No abstract provided.
A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
Nicholas A Fromherz
Forum non conveniens has been criticized as anachronistic and unfair. Critics say that it amounts to little more than economic protectionism, serving as a pretext for the dismissal of suits brought against domestic corporate defendants. Even if one does not view the doctrine as inherently flawed, it is undeniable that its application has been extremely uneven owing to the broad discretion exercised by district courts ruling on the issue. Troubling in any circumstances, the misapplication of forum non conveniens is all the more so because of the high stakes pertaining to the matter. When a case is dismissed on forum …
Race As A Legal Concept, Justin Desautels-Stein
Race As A Legal Concept, Justin Desautels-Stein
Publications
Race is a legal concept, and like all legal concepts, it is a matrix of rules. Although the legal conception of race has shifted over time, up from slavery and to the present, one element in the matrix has remained the same: the background rules of race have always taken a view of racial identity as a natural aspect of human biology. To be sure, characterizations of the rule have oftentimes kept pace with developments in race science, and the original invention of race as a rationale for the subordination of certain human populations is now a rationale with little …
The Word Commons And Foreign Laws, Thomas O. Main
The Word Commons And Foreign Laws, Thomas O. Main
Scholarly Works
Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. But these outcomes are problematic because parties are denied access to court or have their …