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

Conflict of Laws Commons

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

1248 Full-Text Articles 698 Authors 674501 Downloads 69 Institutions

All Articles in Conflict of Laws

Faceted Search

1248 full-text articles. Page 1 of 28.

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 ...


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.


European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa 2016 University of East London

European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa

Mohamed Raffa Dr.

The presentation considers the case for Financial Regulations in financial markets, post crisis by reference to a selection of recent interpretations and cases involving European Union regulations.
The presentation also makes reference to a limited number of cases in other jurisdictions in which those regulations are a measure of the sorts of complicated financial disputes that may arise again in the future.
This is a review of the current knowledge on various tradeoffs regarding public policies towards systemic financial and corporate sector restructuring.
It discusses empirical findings that consistency in the framework adopted for bank and corporate restructuring is the ...


Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road 2016 American University

Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road

Georgia Journal of International & Comparative Law

No abstract provided.


Books Received, Georgia Journal of International and Comparative Law 2016 University of Georgia School of Law

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Conflict Of Laws: Mexico And The United States. By S.A. Bayitch And Jose Luis Siqueiros. Coral Gables: University Of Miami Press, 1968. Pp. Xv, 296. $15.00., Woodfin L. Butte 2016 University of Texas at Austin

Book Review: Conflict Of Laws: Mexico And The United States. By S.A. Bayitch And Jose Luis Siqueiros. Coral Gables: University Of Miami Press, 1968. Pp. Xv, 296. $15.00., Woodfin L. Butte

Georgia Journal of International & Comparative Law

No abstract provided.


Is The Current Disposition Of The Doctrine Of Sovereign Immunity In The United States Appropriate In Light Of Prevailing Governmental Policy?, James W. Reid 2016 University of Georgia School of Law

Is The Current Disposition Of The Doctrine Of Sovereign Immunity In The United States Appropriate In Light Of Prevailing Governmental Policy?, James W. Reid

Georgia Journal of International & Comparative Law

No abstract provided.


Absolute Conflicts Of Law, Anthony J. Colangelo 2016 Southern Methodist University

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 ...


Digital Commons powered by bepress