Conflict of Laws Commons^™

Ny State Marijuana Law Clears The Records Of Thousands, But Will It Help Immigrants?, Jaime Longoria, Harsha Nahata

Capstones

In July 2019, Governor Cuomo signed legislation that would clear criminal records for over 200,000 people with marijuana related convictions and reduce punishment for possession. But, there’s one group of New Yorkers who are left out — and that’s immigrants. With over 4 million immigrants in New York State, the lives of those with prior marijuana convictions are still in limbo. Harsha Nahata and Jaime Longoria spoke with immigrants and advocates to find out why. The full story can be found here: https://jaimelongoria.github.io/nys-marijuana-law/

Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral

Loyola of Los Angeles International and Comparative Law Review

Israel is no stranger to the scorn of the international community. In many respects, Israel is held to a different standard than other nations. In July 2018, that hypothesis was tested when Israel’s Knesset passed The Basic Law: Israel – The Nation State of the Jewish People. Though largely symbolic, the Law declares, inter alia, “[t]he exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.” Critics lambasted the clause for allegedly violating international law by rejecting non-Jews’ right to exercise self-determination in the State of Israel. This note argues that the …

A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell

Loyola of Los Angeles International and Comparative Law Review

Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …

Conflict Of Laws, Janet Walker

Articles & Book Chapters

In our highly interconnected world, questions about court jurisdiction, the enforcement of judgments, and applicable law now arise in every field of endeavour and every walk of life. Accordingly, just as with other members of the public, so too can members of the LGBTQ2+ community expect to be affected directly and indirectly by developments in the conflict of laws. However, there are some implications of the conflict of laws that have special significance for members of the LGBTQ2+ community in connection with personal status and family relations. This chapter focuses on the issues arising in these areas.

This chapter considers …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Property, Exclusivity, And Jurisdiction, James Y. Stern

James Y. Stern

No abstract provided.

Choice Of Law, The Constitution And Lochner, James Y. Stern

James Y. Stern

No abstract provided.

Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman

Nathan B. Oman

One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …

The Return Of The Unprovided-For Case, Michael S. Green

Michael S. Green

No abstract provided.

Mmawc, Llc V. Zion Wood Obi Wan Trust, 135 Nev. Adv. Op. 38 (Sep. 5, 2019), John Mccormick-Huhn

Nevada Supreme Court Summaries

The Court determined that the Federal Arbitration Act (“FAA”) preempted NRS § 597.995, which required any agreement containing an arbitration provision to also provide affirmative authorization to the arbitration by the agreement’s parties.

The Mandatory Use Of National Language In Indonesia And Belgium: An Obstacle To International Contracting?, Priskila Pratita Penasthika

Indonesia Law Review

Law Number 24 of 2009 on National Flag, Language, Emblem, and Anthem of Indonesia requires that any contract involving an Indonesian party must be drafted in Indonesian. In applying this law, the Supreme Court of the Republic of Indonesia, in Nine AM v. PT Bangun Karya Pratama Lestari judgment, annulled a loan agreement because it was considered to violate the language requirement. Although claiming to strengthen the use of Indonesian language in a contract, this judgment underscores a potential risk of voidance a foreign party face in entering into an agreement drafted in a foreign language when contracting with an …

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.

Due Process Court Of Appeals

Touro Law Review

No abstract provided.

China's Rule Of Law From A Private International Law Perspective, King Fung Tsang

Georgia Journal of International & Comparative Law

No abstract provided.

Zhu And Chen Revisited: An Update On The Ecj’S Jurisprudence On The Derivative Rights Of Third-Party Nationals, David H. King

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Malaysia Historical Salvors Revisited:, John P. Given

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Institutional Death: Effects Of Carceral State And Education Institution On Black Men, Shontoria D. Pratt

African American Studies - All Scholarship

African American men have been dying at an alarming rate for many years. Issues such as violence, prison, education success rates, and health related issues, as well as institutional injustice, have been significant factors in these physical and mental deaths of African American men. The purpose of this research is to investigate the correlation, if any, between the quality of life of African American men in urban cities and their level of Afrocentric knowledge. To what extent does the exposure of Afrocentric knowledge affect the views or help African American men avoid these deaths? This research will present preliminary ideas …

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for abortions in cases of …

Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon

Arkansas Law Review

Imagine that you practice as an attorney in the State of Arkansas. A client solicits your advice about opening a marijuana dispensary or cultivation center. The client might want you to assist him in filing a dispensary application with the State. On the other hand, she might want you to negotiate a commercial lease or to provide services to ensure compliance with municipal zoning laws. Although Arkansas voters approved a constitutional amendment permitting medical marijuana sales, you provide a clear warning to your client: possessing, manufacturing, selling, and distributing marijuana remains a federal crime. After these precautions, however, you proceed …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Suffocate Or Innovate: An Observation Of California's Regulatory Framework For Cryptocurrency, Jane Kim

Loyola of Los Angeles Law Review

Transactions involving cryptocurrency are rapidly gaining traction in the United States, prompting the need for regulation. Hence, California legislators proposed the cryptocurrency regulation Assembly Bill 1123. However, based upon the outcome of a virtually identical regulation in New York, this proposed bill is theoretically projected to stifle business growth and potential innovation. This Article focuses on one approach to remedy this by advocating for reform at the federal level and recommending the utilization of the regulatory sandbox as a framework for future regulation.

Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian

Loyola of Los Angeles Law Review

The Trump administration has taken a firm stance against marijuana legalization at the state level. While an official federal policy is still pending, this Article focuses on whether the Trump administration’s threats to preventCalifornia from pursuing its duly enacted marijuana legalization law violates the Tenth Amendment. This Article then addresses how the federal government could achieve its goal while remaining within the bounds of the Constitution.

Speech Across Borders, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …

Venezuela Crisis Humanitaria Y Recepción De Migrantes En Colombia: Creciente Xenofobia Ante Los Migrantes Venezolanos, Viviana Andrea Moreno Calderón, Jesica Alexandra Silva Quintero

Negocios y Relaciones Internacionales

La crisis humanitaria que se evidencia en Venezuela, trae consigo consecuencias que motivan a la población a migrar en busca de oportunidades a otros países, por esta razón, se genera una migración masiva a los países fronterizos, uno de ellos Colombia, en donde gracias a esta coyuntura ha surgido un fenómeno de xenofobia hacia los venezolanos. Dada esta situación, se considera importante determinar los factores socioeconómicos que han generado dicha xenofobia, debido a la violación de derechos de los migrantes que se estaría presentando por esta situación. Para cumplir con este objetivo primero se indagará sobre la crisis humanitaria que …

The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power

Dalhousie Journal of Legal Studies

This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …

Legal Jurisdiction And Virtual Social Life, Paul Schiff Berman

Catholic University Journal of Law and Technology

Social lives are increasingly unmoored from physical location. 21^st 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 …