Yale Law School
Northwestern University School of Law
Michigan State University College of Law
Boston College Law School
University of Pennsylvania
Liberty University
Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act,
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,
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,
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,
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 ...
Right, Title And Interest In The Territorial Sea: Federal And State Claims In The United States,
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,
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,
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,
2016
Loyola Law School - Los Angeles
N. Micheli Quadros.Pdf, N. Micheli Quadros
N. Micheli Quadros
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes,
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,
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,
2016
University of East London
European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa
Mohamed Raffa Dr.
Discussion On Ideology And The Use Of Force,
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,
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.,
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?,
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,
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 ...
The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings,
2016
Fordham University School of Law
The Recognition Act, Anti-Suit Injunctions, The Dja, And Much More Fun: The Story Of The Chevron-Ecuador Litigation And The Resulting Problems Of Aggressive Multinational Enforcement Proceedings, Emily Seiderman
Fordham Urban Law Journal
No abstract provided.
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution,
2016
Brooklyn Law School
Regulatory Incentive Realignment And The Eu Legal Framework Of Bank Resolution, Andromachi Georgosouli
Brooklyn Journal of Corporate, Financial & Commercial Law
Risks associated with incentive misalignment are liable to seriously jeopardize the effectiveness of bank resolution, when not properly contained. This Article considers the management of misaligned incentives between regulators that are found in a vertical relationship of public governance. Using the EU legal framework of bank resolution as its case study, this Article explores the effectiveness of the quasi-enforcement powers of the Single Resolution Board (SRB) and, where relevant, of the European Banking Authority (EBA) as an incentive realignment legal technique. Two principal difficulties are identified: on the one hand, the problematic interinstitutional dynamic of the SRB and the EBA ...
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act,
2016
Brooklyn Law School
Credit Discrimination Based On Gender: The Need To Expand The Rights Of A Spousal Guarantor Under The Equal Credit Opportunity Act, Allen Abraham
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note focuses on the definition of “applicant” as defined in the Equal Credit Opportunity Act (ECOA) and Regulation B. Specifically, this Note explores the expanded protections offered by the ECOA to spousal guarantors, after the Federal Reserve Board (FRB) expanded the definition of “applicant” by promulgating Regulation B. However, after a circuit split, where the Eighth Circuit, in Hawkins v. Community Bank of Raymore, held that a guarantor was not an “applicant” per the ECOA’s definition and the Sixth Circuit, in RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC, followed Regulation B’s expansion of the ...
Another Bite At The Apple For Trade Secret Protection: Why Stronger Federal Laws Are Needed To Protect A Corporation's Most Valuable Property,
2016
Brooklyn Law School
Another Bite At The Apple For Trade Secret Protection: Why Stronger Federal Laws Are Needed To Protect A Corporation's Most Valuable Property, Alissa Cardillo
Brooklyn Journal of Corporate, Financial & Commercial Law
Trade secrets are one of a corporation’s most valuable assets. However, they lack adequate protection under federal law, leaving them vulnerable to theft and misappropriation. As technology advances, it becomes easier and less time consuming for individuals and entities to access and steal trade secrets to a corporation’s detriment. Most often these thefts involve stealing trade secrets in an intangible form. Current legislation fails to adequately protect intangible trade secrets, leaving them vulnerable to theft. An amendment to the National Stolen Property Act that encompasses intangible trade secrets would close a loophole that currently exists relating to intangible ...
