Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 304 U.S. 64 (1)
- 489 F.2d 1396 (5th Cir. 1974) (1)
- Allstate Insurance Co. v. Hague (1)
- American Bar Association (1)
- Annexation (1)
-
- Appeal Determinants (1)
- Business Law (1)
- Choice-of-law (1)
- Civil procedure -- United States -- Cases (1)
- Conflict of laws (1)
- Congress (1)
- Contiguous Territory (1)
- Contracts (1)
- Derivative domicile (1)
- Diversity jurisdiction (1)
- Domicile Dismantled (1)
- Domiciliary intent (1)
- Durational residency requirements (1)
- Eleventh Amendment (1)
- Environmental law (1)
- Erie R.R. v. Tompkins (1)
- Erie Railroad Co. v. Tompkins (1)
- Erie doctrine (1)
- Exclusive & concurrent legislative powers -- United States -- Lawsuits & claims (1)
- Federal jurisdiction (1)
- Federal law (1)
- Forum Selection (1)
- Forum Selection Clause (1)
- Gender equality (1)
- Immunity (1)
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in State and Local Government Law
Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson
Enforcing Outbound Forum Selection Clauses In State Court, John Coyle, Katherine Robinson
Indiana Law Journal
Forum selection clauses are a staple of modern business law. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice at the state level. Are there any states that refuse to enforce them? How frequently are they enforced? Under what circumstances, if any, will these clauses be deemed unenforceable? The existing literature provides few answers to these questions.
This Article aims to fill that gap. …
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Domicile Dismantled, Kerry Abrams, Kathryn Barber
Indiana Law Journal
Part I of this Article discusses the legal and factual background of Mas v. Perry. This narrative reveals how the case reflects both the changes in American society that were beginning to occur at that time and the struggle of the concept of domicile to keep pace with those changes. Part II traces the development of the fundamental shift in gender roles that began several years before Mas was decided. This section argues that the growing number of women attending college, embarking upon careers, and forming two-career marriages increased the difficulty of measuring domicile, while undermining the efficacy of a …
Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger
Erie And Preemption: Killing One Bird With Two Stones, Jeffrey Rensberger
Indiana Law Journal
The Supreme Court has developed a standard account of the Erie doctrine. The Court has directed different analyses of Erie cases depending upon whether the federal law in question is in the form of a federal rule (or statute) or is instead a judge-made law. But the cases applying the doctrine are difficult to explain using the standard account. Although the Court and commentators have noted that Erie is a type of preemption, they provide little, if any, rigorous analysis of Erie in light of preemption doctrines. This Article attempts to fill that void, offering an extended analysis of Erie …
State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve
State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Annexation And The Jurisdictional Attack In Indiana: The City Comes To Visit, George T. Mcnaughton
Annexation And The Jurisdictional Attack In Indiana: The City Comes To Visit, George T. Mcnaughton
Indiana Law Journal
No abstract provided.
Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler
Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler
Indiana Law Journal
No abstract provided.