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Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R. Helfer 2018 Duke Law School

Treaty Exit And Intra-Branch Conflict At The Interface Of International And Domestic Law, Laurence R. Helfer

Faculty Scholarship

This chapter, forthcoming in the Oxford Handbook of Comparative Foreign Relations Law, considers two important and unresolved issues raised by unilateral withdrawal from or denunciation of treaties. The first issue concerns whether treaty obligations end in both international and domestic law after a state leaves a treaty. Exit often produces the same effects in both legal systems, but some withdrawals bifurcate a treaty’s status, ending its obligations in domestic law but continuing to bind the state internationally, or vice versa. The second issue concerns denunciations initiated by different branches of government. The decision to withdraw from a treaty is ...


Beyond The Reach Of States: The Dormant Commerce Clause, Extraterritorial State Regulation, And The Concerns Of Federalism, Peter C. Felmly 2017 University of Maine School of Law

Beyond The Reach Of States: The Dormant Commerce Clause, Extraterritorial State Regulation, And The Concerns Of Federalism, Peter C. Felmly

Maine Law Review

The Commerce Clause of the United States Constitution provides that “[t]he Congress shall have Power ... [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Interpreting this explicit grant of power to Congress, the Supreme Court has long recognized the existence of an implied limitation on the power of a state to legislate in areas of interstate commerce when Congress has remained silent. Under what is referred to as the negative or “dormant” Commerce Clause, the federal courts have thus scrutinized state legislation for well over one hundred years. In the past ...


Recognition And Reinforcement Of Foreign Judgments In Asia, Adeline CHONG 2017 Singapore Management University

Recognition And Reinforcement Of Foreign Judgments In Asia, Adeline Chong

Research Collection School Of Law

No abstract provided.


Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright 2017 University of Maine School of Law

Smith V. Town Of Pittston: Municipal Home Rule's Narrow Escape From The Morass Of Implicit Preemption, Shane Wright

Maine Law Review

In Smith v. Town of Pittston, the Maine Supreme Judicial Court, sitting as the Law Court, upheld a municipal ordinance adopted by the town of Pittston that prohibited the spreading of septage within Pittston. The majority held that Pittston's ordinance did not violate the Maine Hazardous Waste, Septage and Solid Waste Management Act (Solid Waste Management Act), which “govern[s] the disposal of garbage, sludge, septage and other waste.” The majority interpreted the “home rule” statute as granting sufficient authority to Pittston, as a municipal corporation, to enact the ordinance at issue. The dissent, on the other hand, would ...


New Hampshire Motor Transport Association V. Rowe: Federal Preemption Of Maine's Attempt To Regulate Internet Sales Of Tobacco To Minors, Nathaniel D. Bryans 2017 University of Maine School of Law

New Hampshire Motor Transport Association V. Rowe: Federal Preemption Of Maine's Attempt To Regulate Internet Sales Of Tobacco To Minors, Nathaniel D. Bryans

Maine Law Review

In New Hampshire Motor Transport Ass'n v. Rowe, trade associations sought a declaratory judgment that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts a Maine law enacted to facilitate collection of state taxes and restrict the delivery of tobacco products to minors (the Tobacco Delivery Law). The district court granted the plaintiffs' second motion for summary judgment in part, finding that a single provision of little independent consequence escaped preemption, and enjoined enforcement of the preempted provisions. The state appealed to the United States Court of Appeals for the First Circuit, which held that most of Maine ...


Recognition And Enforcement Of Foreign Judgments - The Common Law's Jurisdiction Requirement, Peter Kutner 2017 University of Oklahoma College of Law

Recognition And Enforcement Of Foreign Judgments - The Common Law's Jurisdiction Requirement, Peter Kutner

Peter Kutner

A judgment will be enforced or recognised in other nations or states only if the court that issued the judgment had “jurisdiction in the international sense”. For recognition or enforcement of a judgment in personam, the foreign court must have had jurisdiction over the party against whom the judgment is to be enforced or otherwise applied. This is governed by the conflict of laws doctrine of the court where recognition or enforcement is sought. The law on what is a basis for jurisdictional “competence” is one of the most important elements of conflict of laws. The rules set forth in ...


“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres 2017 Fordham University School of Law

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of ...


Parochial Procedure, Maggie Gardner 2017 Cornell Law School

Parochial Procedure, Maggie Gardner

Maggie Gardner

The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of individual judges: persuade judges to like international law and transnational cases better, the standard story goes, and the courts will reach more cosmopolitan results.

This Article challenges that assumption. I argue instead that parochial doctrines can develop even in the absence ...


Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr. 2017 Nevada Law Journal

Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr.

Nevada Supreme Court Summaries

If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court.


Chinese Conflicts Of Law: A Restatement And Legisprudence Proposal, Shaoming Zhu 2017 Penn State Law

Chinese Conflicts Of Law: A Restatement And Legisprudence Proposal, Shaoming Zhu

SJD Dissertations

China has a long history of addressing conflict issues between different legal systems. However, there is as yet no unified legislation on Conflicts of Law in China. Rules on the topic of Conflicts of Law can be found in various legal sources without a clear structure or statement of their hierarchy and effectiveness. This research draws a comprehensive, well-organized map of Conflicts of Law rules in China by introducing the evolution of Conflicts of Law in China, defining the scope of Conflicts of Law as a legal science, restating the structure and contents of Chinese Conflicts of Law rules, and ...


Lessons For The Usa From The Hague Principles, Linda J. Silberman 2017 New York University School of Law

Lessons For The Usa From The Hague Principles, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

In this article, Professor Silberman offers a review of US choice of law approaches that address party autonomy in international commercial contracts. She explains that choice of law rules in the United States are the province of state, not federal law, and to that end gives examples from two states that have codified choice of law and identifies several states that have an absolute autonomy rule for situations when the parties choose forum law. However, the focus is on the provision in the Restatement (Second) of Conflict of Laws dealing with party autonomy in contracts because most states in the ...


Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr. 2017 University of Pennsylvania Law School

Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr.

Faculty Scholarship

This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights)—a form of legislative or statutory dépeçage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law ...


Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman 2017 Shared Hope International

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky 2017 University of California, Irvine School of Law

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Criminal Procedure And The Conflict Of Laws, John Bernard Corr 2017 Selected Works

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

John (Bernie) Corr

No abstract provided.


State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr 2017 Selected Works

State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr

John (Bernie) Corr

No abstract provided.


Criminal Procedure And The Conflict Of Laws, John Bernard Corr 2017 Selected Works

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

John (Bernie) Corr

No abstract provided.


"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis 2017 Leuphana Law School

"Local Data" In European Choice Of Law: A Trojan Horse From Across The Atlantic?, T.W. Dornis

Georgia Journal of International & Comparative Law

No abstract provided.


Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey 2017 UC Davis School of Law

Budding Conflicts: Marijuana's Impact On Unsettled Questions Of Tribal-State Relations, Katherine J. Florey

Boston College Law Review

In the wake of a December 2014 decision by the Department of Justice to deprioritize enforcement of federal marijuana laws against tribes as well as states, many tribes have reevaluated their policies toward marijuana. Tribal attitudes toward marijuana are diverse; some tribes regard marijuana as a public health menace, whereas others see it as a source of economic opportunity. Where tribal policies are significantly more or less restrictive than those of the surrounding state, tribal-state relations have often suffered friction. The problem is particularly acute given the jurisdictional uncertainty that characterizes Indian country and the absence of any equivalent to ...


Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen 2017 IIT Chicago-Kent College of Law

Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen

Boston College Law Review

The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...


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