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1,461 full-text articles. Page 7 of 31.

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.


Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier 2016 Roger Williams University School of Law

Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgements, Tanya Monestier

Law Faculty Scholarship

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court's jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts ...


War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford 2016 Stockton Center for the Study of International Law, U.S. Naval War College

War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford

Northwestern University Law Review

In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.


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 ...


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.


Reforming The Law Of Crossborder Litigation: Judicial Jurisdiction, Janet Walker 2016 Osgoode Hall Law School of York University

Reforming The Law Of Crossborder Litigation: Judicial Jurisdiction, Janet Walker

Janet Walker

This consultation paper prepared for the Law Commission of Ontario, in association with a Working Group of private international law specialists, considers the current state of the common law in Ontario and the options for codification.


Surrogacy And Citizenship: A Conjunctive Solution To A Global Problem, Caitlin Pyrce 2016 Indiana University Maurer School of Law

Surrogacy And Citizenship: A Conjunctive Solution To A Global Problem, Caitlin Pyrce

Indiana Journal of Global Legal Studies

People around the world are turning to surrogacy when they are unable to conceive by traditional means. When surrogacy turns traditional notions of parentage upside down, however, countries struggle to find efficient regulations that protect their own citizens, while still recognizing the increasingly global nature of modern society. Children born through surrogacy arrangements between Thai surrogate mothers and Australian intended parents have been confronted with the consequences of inadequate regulation. This note argues that in addition to revising surrogacy legislation to reflect the increasingly transient nature of society, countries must make mirror citizenship reform so children born through surrogacy are ...


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 ...


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.


Due Process As Choice Of Law: A Study In The History Of A Judicial Doctrine, Matthew Steilen 2016 STATE UNIVERSITY OF NEW YORK S

Due Process As Choice Of Law: A Study In The History Of A Judicial Doctrine, Matthew Steilen

Journal Articles

This Article argues that procedural due process can be understood as a choice-of-law doctrine. Many procedural due process cases require courts to choose between a procedural regime characteristic of the common law - personal notice, oral hearing, neutral judge, and jury trial - and summary procedures employed in administrative agencies.

This way of thinking about procedural due process is at odds with the current balancing test associated with the Supreme Court’s opinion in Mathews v. Eldridge. This Article aims to show, however, that it is consistent with case law over a much longer period, indeed, most of American history. It begins ...


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.


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