Open Access. Powered by Scholars. Published by Universities.®

Conflict of Laws Commons

Open Access. Powered by Scholars. Published by Universities.®

1267 Full-Text Articles 715 Authors 699161 Downloads 73 Institutions

All Articles in Conflict of Laws

Faceted Search

1267 full-text articles. Page 1 of 28.

German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen 2017 University of Augsburg

German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen

Georgia Journal of International & Comparative Law

No abstract provided.


Pennoyer Was Right: Jurisdiction And General Law, Stephen E. Sachs 2017 Duke Law School

Pennoyer Was Right: Jurisdiction And General Law, Stephen E. Sachs

Faculty Scholarship

Pennoyer v. Neff has a bad rap. As an original matter, Pennoyer is legally correct. Compared to current doctrine, it offers a more coherent and attractive way to think about personal jurisdiction and interstate relations generally.

To wit: The Constitution imposes no direct limits on personal jurisdiction. Jurisdiction isn't a matter of federal law, but of general law -- that unwritten law, including much of the English common law and the customary law of nations, that formed the basis of the American legal system. Founding-era states were free to override that law and to exercise more expansive jurisdiction. But if ...


Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez 2016 The University of San Francisco

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means ...


Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein 2016 Cardozo School of Law

Abortion, Informed Consent, And Regulatory Spillover, Katherine A. Shaw, Alex Stein

Indiana Law Journal

The constitutional law of abortion stands on the untenable assumption that any state’s abortion regulations impact citizens of that state alone. On this understand-ing, the state’s boundaries demarcate the terrain on which women’s right to abortion clashes with state power to regulate that right.

This Article uncovers a previously unnoticed horizontal dimension of abortion regulation: the medical-malpractice penalties imposed upon doctors for failing to inform patients about abortion risks; the states’ power to define those risks, along with doctors’ informed-consent obligations and penalties; and, critically, the possi-bility that such standards might cross state lines. Planned Parenthood v ...


Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman 2016 University of Georgia School of Law

Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman

Georgia Journal of International & Comparative Law

No abstract provided.


The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr. 2016 Duquesne University School of Law

The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The Constitution Of Canada And The Conflict Of Laws, Janet Walker 2016 Osgoode Hall Law School of York University

The Constitution Of Canada And The Conflict Of Laws, Janet Walker

Janet Walker

This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the ...


Geolocation, Geoblocking, And Private International Law, Marketa Trimble 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Geolocation, Geoblocking, And Private International Law, Marketa Trimble

Boyd Briefs / Road Scholars

Prof. Marketa Trimble delivered her lecture Geolocation, Geoblocking and Private International Law on October 6, 2016 to students attending the Law School of Masaryk University in the Czech Republic.


Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble

Nevada Law Journal

No abstract provided.


Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act, Andrew D. Bradt 2016 University of California, Berkeley School of Law (Boalt Hall)

Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act, Andrew D. Bradt

Andrew D. Bradt

Choice-of-law analysis is typically thought of as confined to the multistate setting. This is a mistake. To the contrary, conflicts often appear between statutes of a single state. Unfortunately, courts do not see these cases as “choice-of-law” cases. They see them only as problems of statutory interpretation and ignore conflicts of laws instead of resolving them, either by construing the conflicting statutes independently or applying a canon of construction. Here, I examine the benefits of importing choice-of-law tools—particularly the tools of governmental-interest analysis—into the resolution of intrastate conflicts of laws. When two laws promulgated by the same sovereign ...


Jurisdiction By Cross-Reference, Lumen N. Mulligan 2016 University of Kansas School of Law

Jurisdiction By Cross-Reference, Lumen N. Mulligan

Lumen N. Mulligan

State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to the fore most clearly when a federal court must determine whether such bodies of law create federal question jurisdiction. Indeed, the federal courts have issued scores of seemingly inconsistent opinions on these cross-referential cases. In this Article, I offer an ordering principle for these apparently varied, cross-referential jurisdictional cases. I argue that the federal courts only take federal question jurisdiction over crossreferenced claims when they, from a departmental perspective, maintain declaratory authority over the cross-referenced law ...


Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner 2016 University of Georgia School of Law

Child Marriage In Yemen: A Violation Of International Law, Elizabeth Verner

Georgia Journal of International & Comparative Law

No abstract provided.


Data Institutionalism: A Reply To Andrew Woods, Zachary D. Clopton 2016 Cornell Law School

Data Institutionalism: A Reply To Andrew Woods, Zachary D. Clopton

Cornell Law Faculty Publications

In "Against Data Exceptionalism," Andrew K. Woods explores “one of the greatest societal and technological shifts in recent years,” which manifests in the “same old” questions about government power. The global cloud is an important feature of modern technological life that has significant consequences for individual privacy, law enforcement, and governance. Yet, as Woods suggests, the legal challenges presented by the cloud have analogies in age-old puzzles of public and private international law.

Identifying these connections is a conceptual advance, and this contribution should not be understated. But, to my mind, the most telling statement in Woods’s excellent article ...


A Ilusória Ausência Do Termo Dépeçage Na Jurisprudência Brasileira De Contratos Internacionais, Gustavo Ribeiro 2016 Selected Works

A Ilusória Ausência Do Termo Dépeçage Na Jurisprudência Brasileira De Contratos Internacionais, Gustavo Ribeiro

Gustavo Ribeiro

The term dépeçage, scission, morcellement, and splitting, among others, is mentioned, without more uniformity, in the international contracts doctrine. It refers to the possibility of, in different levels and amplitude, apply norms of more than one legal system to the contract connected to more than one jurisdiction. While searching legal cases, however, one cannot find the term dépeçage in selected Brazilian case law in a recent period (2006-2015). Confronted with this paradox, this paper revisited comparative (French, German and North-American) and domestic doctrine. It found significant variation in the definition of dépeçage. I suggest, thus, that the absence of results ...


Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr. 2016 University of Georgia School of Law

Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States, Stephen M. Kiser, Dan A. Aldridge Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley 2016 University of Georgia School of Law

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke 2016 International Bank for Reconstruction and Development

Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke

Georgia Journal of International & Comparative Law

No abstract provided.


N. Micheli Quadros.Pdf, N. Micheli Quadros 2016 Loyola Law School - Los Angeles

N. Micheli Quadros.Pdf, N. Micheli Quadros

N. Micheli Quadros

Secession movements continue to treat the current world order and world peace. Secession represents a historical instance of political dissolution where political actors withdraw their expectations, involvement in political activities, and abandon their loyalty from a jurisdictional center in favor of a center of their own.[1]  Secession is itself a confrontational act that inevitably seeks a response from an established nation.[2]  Secessionist movements are internal threats to a nation’s territorial integrity that inevitably require the international community’s involvement due to the potential impact it could cause to the world as a whole. 
The preamble of the ...


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber 2016 Columbia University

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter 2016 United Nations Institute for Training and Research

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress