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Articles 1411 - 1440 of 2049
Full-Text Articles in Conflict of Laws
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.
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 …
Federalism, State Courts, And Section 1983, Gene R. Nichol
Federalism, State Courts, And Section 1983, Gene R. Nichol
Faculty Publications
No abstract provided.
Interest Analysis As Constitutional Law, Gene R. Shreve
Interest Analysis As Constitutional Law, Gene R. Shreve
Articles by Maurer Faculty
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 …
Right Of Election Against A Foreign Testator's Will
Right Of Election Against A Foreign Testator's Will
Washington and Lee Law Review
No abstract provided.
The Law Governing Arbitration Agreements In International Trade, Daniele Lingua
The Law Governing Arbitration Agreements In International Trade, Daniele Lingua
LLM Theses and Essays
This paper on the law applicable to arbitration agreements will start with an examination of the provisions adopted in international conventions on arbitration. The reason for this approach lies in the fact that, when national statutes contain choic of law rules specifically applicable to arbitration agreements, such rules tend to conform to those adopted by the conventions. However, problems of incompatibility between national choice of law provisions and the interpretation of international conventions may arise in the case of those countries which extend their general choice of law rules regarding contracts to rules concerning international arbitration agreements. Finally, this paper …
Choice Of Law Stipulations By Litigants
Choice Of Law Stipulations By Litigants
Washington and Lee Law Review
No abstract provided.
Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón
Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Criminal Evidence And The Ear Of The Law, Daniel H. Derby
Criminal Evidence And The Ear Of The Law, Daniel H. Derby
Scholarly Works
No abstract provided.
To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce
To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce
Faculty Scholarship
This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Preclusion And Federal Choice Of Law, Gene R. Shreve
Preclusion And Federal Choice Of Law, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Motion Pictures In American And International Copyright Law, Christof Siefarth
Motion Pictures In American And International Copyright Law, Christof Siefarth
LLM Theses and Essays
This thesis intends to examine some problems of motion pictures in American and international copyright law. Motion pictures are one of the most fascinating forms of communication and entertainment. They are of enormous commercial significance and are probably the most complex works in the field of copyright law. The American motion picture industry is heavily influential throughout the world. Therefore, the subject of this work will be mainly the American copyright law. Solutions of other legal systems are treated when they provide interesting alternatives or similarities.
Arbitration, Forum Selection And Choice Of Law Agreements In International Securities Transactions
Arbitration, Forum Selection And Choice Of Law Agreements In International Securities Transactions
Washington and Lee Law Review
No abstract provided.
Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato
Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato
Faculty Working Papers
Discusses questions about U.S. policy raised by the proceedings of the Nicaragua case. Was the United States within the exercise of its "inherent right of self defense"? Was the matter a political question for resolution by the Security Council and not suitable for adjudication by the International Court of Justice?
Interest Analysis As The Preferred Approach To Choice Of Law: A Response To Professor Brilmayer's "Foundational Attack", Robert Allen Sedler
Interest Analysis As The Preferred Approach To Choice Of Law: A Response To Professor Brilmayer's "Foundational Attack", Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Faculty Publications
No abstract provided.
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr
Faculty Publications
The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.
Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve
Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank
Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles, Sheldon Wein
Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles, Sheldon Wein
Dalhousie Law Journal
This is a collection of the more important articles on conflict of laws that Professor Hancock has written since 1960; in addition, it contains a chapter, hitherto unpublished, on Allstate Ins. Co. v. Hague,' the Supreme Court's most recent foray into constitutional limitations on the power of a state to apply its law in situations involving foreign facts. Many of us undoubtedly read the majority of these essays at the time when they first appeared in law review form. It is good that they are now available in a single book. We are thereby afforded a convenient opportunity to refresh …
Bennett V. Kentucky Department Of Education, Lewis F. Powell Jr.
Bennett V. Kentucky Department Of Education, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida State University Law Review
No abstract provided.
The Production Of Evidence Subject To Foreign Nondisclosure Laws, Vera S. Skuhersky
The Production Of Evidence Subject To Foreign Nondisclosure Laws, Vera S. Skuhersky
University of Miami Inter-American Law Review
No abstract provided.
Interest Analysis And Forum Preference In The Conflict Of Laws: A Response To The "New Critics", Robert A. Sedler
Interest Analysis And Forum Preference In The Conflict Of Laws: A Response To The "New Critics", Robert A. Sedler
Law Faculty Research Publications
No abstract provided.