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Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt 2016 University of Georgia School of Law

Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.


A Theory Of Federal Common Law, Jay Tidmarsh 2016 Notre Dame Law School

A Theory Of Federal Common Law, Jay Tidmarsh

Jay Tidmarsh

Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added ...


The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley 2016 Notre Dame Law School

The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley

Jay Tidmarsh

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...


A Theory Of Federal Common Law, Jay Tidmarsh 2016 Notre Dame Law School

A Theory Of Federal Common Law, Jay Tidmarsh

Jay Tidmarsh

Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added ...


The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley 2016 Notre Dame Law School

The Appropriations Power And Sovereign Immunity,, Jay Tidmarsh, Paul F. Figley

Jay Tidmarsh

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English ...


A Theory Of Federal Common Law, Jay Tidmarsh 2016 Notre Dame Law School

A Theory Of Federal Common Law, Jay Tidmarsh

Jay Tidmarsh

Federal common law is a puzzle. Despite Erie's declaration that "[t]here is no federal general common law,"' well-established and stable pockets of federal common law persist in several areas: cases affecting the rights and obligations of the United States,2 disputes between states, 3 cases affecting international relations,4 and admiralty.5 If anything, federal common law is expanding. Eighteen years ago, a case in which state law was in "significant conflict" with "uniquely federal interests" provided an occasion for the Supreme Court to create another form of federal common law.6 Five years ago, the Court added ...


The Device Of Fiction In Public International Law, Jean J. A. Salmon 2016 Université de Bruxelles

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.


Terrorism: The Proposed United States Draft Convention, William T. Bennett 2016 University of Georgia School of Law

Terrorism: The Proposed United States Draft Convention, William T. Bennett

Georgia Journal of International & Comparative Law

No abstract provided.


Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd 2016 Emory University School of Law

Deterring Innovation: New York V. Actavis And The Duty To Subsidize Competitors' Market Theory, Joanna M. Shepherd

Minnesota Journal of Law, Science & Technology

No abstract provided.


Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt 2016 University of Detroit Mercy School of Law

Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt

Minnesota Journal of Law, Science & Technology

No abstract provided.


Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel 2016 University of Minnesota Law School

Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel

Minnesota Journal of Law, Science & Technology

No abstract provided.


A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini 2016 University of Michigan Law School

A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini

Michigan Law Review

Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further ...


Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016), Katherine Maher 2016 Nevada Law Journal

Slade V. Caesars Entm’T Corp, 132 Nev. Adv. Op. 36 (May 12, 2016), Katherine Maher

Nevada Supreme Court Summaries

The Court generally upheld the common-law principles, referenced in NRS 463.0129(3)(a), permitting gaming establishments to exclude any persons from their premises for any reason, unless for discriminatory or otherwise unlawful purposes. Thus the district court properly dismissed the complaint.


Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez 2016 Georgetown University Law Center

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The American Law Institute has embarked on the challenging task of restating the confounding distinction between self-executing and non-self-executing treaties. In some respects, the current draft of the Fourth Restatement of Foreign Relations Law represents an advance from the treatment of the subject in the Third Restatement (Third). At the same time, the current draft retains, and may even aggravate, some of the flaws of that earlier treatment. This Essay suggests four ways the current draft could be improved. First, the draft should explicitly recognize that the concept of self-execution is not a unitary one. The "self-executing" label encompasses four ...


Shifting Attitudes In The Next Generation Of Male Lawyers: Will The Kids Be As Important As The Courtroom?, Shannon R. Webb, Catherine Loughlin 2016 Fanshawe College of Applied Arts and Technology

Shifting Attitudes In The Next Generation Of Male Lawyers: Will The Kids Be As Important As The Courtroom?, Shannon R. Webb, Catherine Loughlin

Western Journal of Legal Studies

We adopted role salience measures to assess whether commitments to occupational, parental, and marital roles differed between male and female law students. The results indicated that male law students were slightly more committed to occupational roles. We also found that male and female law students were equally committed to marital and childcare roles. Surprisingly, male and female law students reported equal self-efficacy to manage work-life conflict. Therefore, the study suggests that the decision to opt out of legal careers likely occurs more at the workplace level and is less attributed to pre-career commitment or self-efficacy levels.


Recognizing Indigenous Legal Values In Modern Copyright Law, Denise Brunsdon 2016 Student at Law

Recognizing Indigenous Legal Values In Modern Copyright Law, Denise Brunsdon

Western Journal of Legal Studies

Canada was founded on three legal traditions: common law, civil law, and Indigenous law. Despite this multijuridical founding, Indigenous legal traditions (ILTs) have been largely ignored in many areas of Canadian law. This lack of inclusion is harmful to Canadian society in several ways. Notably, it ignores Canada’s treaty obligations, disregards the social integration of contemporary Canadian society, and wastes an excellent opportunity to aid in the reconciliation of Canada’s colonial past. It is not as though Canada is without opportunities to integrate ILTs into its legal systems. For example, in the recent Supreme Court of Canada decision ...


Foreign Policy And The Government Legal Adviser, Henry Darwin 2016 Foreign and Commonwealth Office

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Joyce Gutteridge 2016 University of Georgia School of Law

Foreign Policy And The Government Legal Adviser, Joyce Gutteridge

Georgia Journal of International & Comparative Law

No abstract provided.


Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson 2016 University of Edinburgh

Some Comparative Legal History: Robbery And Brigandage, Bernard S. Jackson

Georgia Journal of International & Comparative Law

No abstract provided.


Artificial Insemination: I - Legal Aspects, Anthony F. LoGatto, M.S.S.S., LL.B. 2016 St. John's University School of Law

Artificial Insemination: I - Legal Aspects, Anthony F. Logatto, M.S.S.S., Ll.B.

The Catholic Lawyer

No abstract provided.


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