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Articles 1 - 22 of 22
Full-Text Articles in Conflict of Laws
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?, Ronald A. Brand
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?, Ronald A. Brand
Articles
The Hague Judgments Convention, completed on July 2, 2019, is built on a list of “jurisdictional filters” in Article 5(1), and grounds for non-recognition in Article 7. If one of the thirteen jurisdictional tests in Article 5(1) is satisfied, the judgment may circulate under the Convention, subject to the grounds for non-recognition found in Article 7. This approach to Convention structure is especially significant for countries considering ratification and implementation. A different structure was suggested in the initial Working Group stage of the Convention’s preparation which would have avoided the complexity of multiple rules of indirect jurisdiction, each of which …
Rethinking The Conflicts Revolution In Personal Jurisdiction, Jesse M. Cross
Rethinking The Conflicts Revolution In Personal Jurisdiction, Jesse M. Cross
Faculty Publications
It is widely acknowledged that, from roughly 1940 to 1970, a revolution occurred in Conflicts of Law. Referred to as the “Conflicts revolution,” this movement remade nearly every legal test in the field. According to conventional wisdom, this revolution rejected the same idea in each instance: namely, that Conflicts tests should be grounded in a theory of sovereignty. Instead, the argument goes, it pivoted the field to pragmatic tests that focus on practicality, fairness, and convenience.
As this Article explains, this conventional wisdom is incorrect. It misunderstands the intellectual revolution that remade the field, and it has generated needless confusion …
Due Process As Choice Of Law: A Study In The History Of A Judicial Doctrine, Matthew J. Steilen
Due Process As Choice Of Law: A Study In The History Of A Judicial Doctrine, Matthew J. Steilen
Journal Articles
This Article argues that procedural due process can be understood as a choice-of-law doctrine. Many procedural due process cases require courts to choose between a procedural regime characteristic of the common law - personal notice, oral hearing, neutral judge, and jury trial - and summary procedures employed in administrative agencies.
This way of thinking about procedural due process is at odds with the current balancing test associated with the Supreme Court’s opinion in Mathews v. Eldridge. This Article aims to show, however, that it is consistent with case law over a much longer period, indeed, most of American history. It …
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 …
Introduction - Papers From The 2013 American Society Of Comparative Law Annual Meeting, Kenneth S. Gallant, Sarah Howard Jenkins
Introduction - Papers From The 2013 American Society Of Comparative Law Annual Meeting, Kenneth S. Gallant, Sarah Howard Jenkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg
Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
In Shady Grove, the Court considered whether a federal class action was maintainable in a diversity case where state law forbade class actions. The justices were sharply split into shifting majorities. One majority concluded that Rule 23 was not substantive for REA purposes and that it applied, but its members could not agree on why. Four justices thought it was proper to look only at the Federal Rule in question to see whether it addressed substance or procedure on its face. A different majority supported an approach to REA questions that required evaluating state law to determine whether the Federal …
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant
Introduction-Papers From The 2013 American Society Of Comparative Law Annual Meeting, Sarah Howard Jenkins, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Battle For The Soul Of International Shoe, Eric H. Schepard
The Battle For The Soul Of International Shoe, Eric H. Schepard
Eric H Schepard
In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …
How Modern Choice Of Law Helped To Kill The Private Attorney General, Erin O'Hara O'Connor
How Modern Choice Of Law Helped To Kill The Private Attorney General, Erin O'Hara O'Connor
Scholarly Publications
It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar of conflict of laws in the twentieth century. Mercer has the distinction of being both Currie’s law school alma mater as well as his first academic appointment, probably the two most significant intellectual influences on any scholar. More recently, Mercer has attracted other influential conflicts scholars and cheerleaders of the topic, including Dean Gary Simson, Larry Ribstein, Hal Lewis, and Bruce Posnak, among …
Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich
Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
It is accepted that the institution of marriage is more than economic benefits. The availability of marriage to same sex couples in eight western democratic jurisdictions exerts pressure on courts to consider the substance and ethical dimension of marriage across borders. This paper analyses the legal and ethical problems that exclusion of same sex couples from marriage generates in relation to equality and individual freedoms in a democratic society. The paper focuses on the particular case of overseas same sex married couples that seek to immigrate to England. Part I analyses the legal recognition of overseas same sex marriages under …
Abu Ghraib, Diane Marie Amann
Abu Ghraib, Diane Marie Amann
Scholarly Works
This article posits a theoretical framework within which to analyze various aspects of post-September 11 detention policy - including the widespread prisoner abuse that has been documented in the leaks and official releases that began with publication of photos made at Iraq's Abu Ghraib prison. Examined are the actions of civilian executive officials charged with setting policy, of judicial officers who evaluated it, and military personnel who implemented it. Abuse has been attributed to failures of training or planning. The article concentrates on a different failure, the failure of law to keep lawlessness in check. On September 11, law's map …
Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Of Law As Spontaneous Order, Nita Ghei, Francesco Parisi
Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Of Law As Spontaneous Order, Nita Ghei, Francesco Parisi
ExpressO
In a world with multiple, overlapping jurisdictions, any given litigation could be pursued in more than one forum. Different laws can yield different outcomes. This leads to parties selecting a forum percieved as favorable to file suit. This practice, also known as forum shopping, has been much criticized, and various reforms to the law of conflicts of law have been proposed as a way to reduce this practice. The article examines the inefficiencies associated with forum selection, and the alleged shortcomings in conflicts law as it currently exists. We argue that forum selection cannot be eliminated in a world with …
A Reexamination Of The Distinction Between “Loss-Allocating” And “Conduct-Regulating” Rules, Wendy Collins Perdue
A Reexamination Of The Distinction Between “Loss-Allocating” And “Conduct-Regulating” Rules, Wendy Collins Perdue
Law Faculty Publications
The Louisiana choice of law code is an important effort to codify the best of modem conflicts understanding. I routinely teach it to my conflicts students even though few will practice in Louisiana. I think it quite possible that someday states that have followed more ad hoc judicial codifications may consider adopting the more systematic codification found in Louisiana.
The code's choice of law articles on torts incorporate a distinction, first developed in New York, between tort rules that are conduct-regulating and those that are loss-allocating. This rule is built around the premise that there are two fundamental purposes of …
Robert Leflar, Judicial Process, And Choice Of Law, William L. Reynolds, William M. Richman
Robert Leflar, Judicial Process, And Choice Of Law, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
The First Restatement Of Conflict Of Laws On The Twenty-Fifth Anniversary Of Its Successor: Contemporary Practice In Traditional Courts, William M. Richman, David Riley
The First Restatement Of Conflict Of Laws On The Twenty-Fifth Anniversary Of Its Successor: Contemporary Practice In Traditional Courts, William M. Richman, David Riley
Maryland Law Review
No abstract provided.
Courts And The Second Conflicts Restatement: Some Observations And An Empirical Note, Patrick J. Borchers
Courts And The Second Conflicts Restatement: Some Observations And An Empirical Note, Patrick J. Borchers
Maryland Law Review
No abstract provided.
Symposium - The Silver Anniversary Of The Second Conflicts Restatement: Introduction, William L. Reynolds
Symposium - The Silver Anniversary Of The Second Conflicts Restatement: Introduction, William L. Reynolds
Maryland Law Review
No abstract provided.
"At Least, To Do No Harm": Does The Second Restatement Of Conflicts Meet The Hippocratic Standard?, Russell J. Weintraub
"At Least, To Do No Harm": Does The Second Restatement Of Conflicts Meet The Hippocratic Standard?, Russell J. Weintraub
Maryland Law Review
No abstract provided.
Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg
Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg
Maryland Law Review
No abstract provided.
The Judicial Acceptance Of The Second Conflicts Restatement: A Mixed Blessing, Symeon C. Symeonides
The Judicial Acceptance Of The Second Conflicts Restatement: A Mixed Blessing, Symeon C. Symeonides
Maryland Law Review
No abstract provided.
Legal Process And Choice Of Law, William L. Reynolds
Legal Process And Choice Of Law, William L. Reynolds
Maryland Law Review
No abstract provided.
Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland
Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.