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

Conflicts of Law Commons

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

771 Full-Text Articles 445 Authors 363,463 Downloads 55 Institutions

All Articles in Conflicts of Law

Faceted Search

771 full-text articles. Page 1 of 11.

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimlerag V. Bauman, Keri M. Martin 2014 SelectedWorks

What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimlerag V. Bauman, Keri M. Martin

Keri M. Martin

When, if ever, should a corporation be subject to a court’s jurisdiction based solely on the activities of another entity? Commonly, injured plaintiffs pursue foreign corporations to recover for injuries inflicted upon them by some activity of that corporation or its subsidiary. Where plaintiffs are unable to establish personal jurisdiction over the foreign corporation directly, plaintiffs may attempt to establish jurisdiction over the corporation indirectly by imputing to it the in-forum activities of a closely related subsidiary. This form of jurisdictional blame shifting has been termed “vicarious jurisdiction,” and it stems from the understanding that more than one entity ...


Notas Críticas Sobre La Denominada Ley De Inquilinos Morosos, Fort Ninamancco Córdova 2014 SelectedWorks

Notas Críticas Sobre La Denominada Ley De Inquilinos Morosos, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Water In The 21st Century, Grayson Michael Shor 2014 California Polytechnic State University

Water In The 21st Century, Grayson Michael Shor

Social Sciences

The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.


Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes 2014 SelectedWorks

Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes

Levi L Wilkes

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky 2014 Touro College Jacob D. Fuchsberg Law Center

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


La Invalidez Y La Ineficacia Del Negocio Jurídico En La Jurisprudencia De La Corte Suprema, Fort Ninamancco Córdova 2014 SelectedWorks

La Invalidez Y La Ineficacia Del Negocio Jurídico En La Jurisprudencia De La Corte Suprema, Fort Ninamancco Córdova

Fort Ninamancco Cordova

No abstract provided.


Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi 2014 University of Miami

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

Lili Levi

Abstract: As technology undermines the economic model supporting traditional newspapers, power shifts from the watchdog press to those it watches. Worldwide calls for increased press “responsibility” are one result. Pending British press reform provides a troubling example with far-ranging implications for freedom of the press. Under the guise of modest press self-regulation, the U.K. is currently poised to upend 300 years of press freedom via the recently-approved Royal Charter for Self-Regulation of the Press. The Royal Charter was adopted in response to the moral panic engendered by Britain’s tabloid phone-hacking scandal. An example of 20th Century regulation ...


Summary Of Progressive Gulf Ins. Co. V. Faehnrich, 130 Nev. Adv. Op. 19, Jeffrey Pike 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Summary Of Progressive Gulf Ins. Co. V. Faehnrich, 130 Nev. Adv. Op. 19, Jeffrey Pike

Nevada Supreme Court Summaries

The Court determined whether Nevada public policy precludes giving effect to a choice-of-law provision in an insurance contract made by parties residing outside Nevada that would deny Nevada residents injured in Nevada recovery under NRS 485.3091.


Property, Exclusivity, And Jurisdiction, James Y. Stern 2014 College of William & Mary Law School

Property, Exclusivity, And Jurisdiction, James Y. Stern

Faculty Publications

No abstract provided.


Choice Of Law, Forum Non Conveniens And Immovables: Recent Perspectives In Canada, ALIAMISSE O. MUNDULAI Mr. 2014 SelectedWorks

Choice Of Law, Forum Non Conveniens And Immovables: Recent Perspectives In Canada, Aliamisse O. Mundulai Mr.

ALIAMISSE O. MUNDULAI

CHOICE OF LAW, FORUM NON CONVENIENS AND IMMOVABLES: RECENT PERSPECTIVES IN CANADA

The traditional choice of law rule in relation to proprietary or possessory interests in real property or immovable is the law of the lex situs. The courts in common law jurisdictions have historically adopted the view that matters concerning the determination of property interests, freehold or leaseholds, will be governed by the law of the place where the property is located.

The lex situs principle which evolved from the House of Lords decision of British South Africa Company v. Companhia de Moçambique has been the guiding principle for ...


Navigating The Turbulence: The First Circuit Clarifies The Preemptive Scope Of The Airline Deregulation Act In Brown V. Unived Airlines, Michael Welsh 2014 Boston College Law School

Navigating The Turbulence: The First Circuit Clarifies The Preemptive Scope Of The Airline Deregulation Act In Brown V. Unived Airlines, Michael Welsh

Boston College Law Review

On July 9, 2013, in Brown v. United Airlines, Inc., the U.S. Court of Appeals for the First Circuit held that the Airline Deregulation Act (“ADA”) preempted skycaps’ common law tortious interference and unjust enrichment claims. In so holding, the First Circuit articulated a two-pronged test in an attempt to provide clarity to the relationship between the savings clause and the preemption clause of the ADA. This Comment argues that the First Circuit’s two-pronged test is faithful to U.S. Supreme Court jurisprudence and should serve as a model for other federal appeals courts until the Supreme Court ...


The "State" Of Federal Bankruptcy Law: The Ninth Circuit's Debt Recharacterization Analysis In In Re Fitness Holdings International, Bryan C. Curran 2014 Boston College Law School

The "State" Of Federal Bankruptcy Law: The Ninth Circuit's Debt Recharacterization Analysis In In Re Fitness Holdings International, Bryan C. Curran

Boston College Law Review

On April 30, 2013, the U.S. Court of Appeals for the Ninth Circuit in In re Fitness Holdings International, Inc. held that bankruptcy courts have the authority to recharacterize debt as equity when the obligation does not constitute a “right to payment” under state law. In so holding, the court adhered to a state law approach and declined to adopt a federal rule for debt recharacterization, thus creating a split amongst the federal appeals courts. This Comment argues that the Ninth Circuit’s state law approach is more desirable than promulgating a federal debt recharacterization rule because state law ...


Erie’S Four Functions: Reframing Choice Of Law In Federal Courts, Allan Erbsen 2014 Notre Dame Law School

Erie’S Four Functions: Reframing Choice Of Law In Federal Courts, Allan Erbsen

Notre Dame Law Review

This Article seeks to mitigate decades of confusion about the Erie doctrine’s purposes, justifications, and content. The Article shows that “Erie” is a misleading label encompassing four distinct components. Jumbling these components under a single heading obscures their individual nuances. Analyzing each component separately helps to clarify questions and values that should animate judicial analysis. The Article thus reconceptualizes the Erie doctrine, offers a more precise account of how Erie operates, and provides a framework for rethinking several foundational aspects of Erie jurisprudence.

2013 marks Erie’s seventy-fifth anniversary. The years have not been kind to Erie and its ...


A Tale Of Two Codes: The Influence Of Albuquerque And Washington On Green Building, Jeffrey Pike 2014 Boston College Law School

A Tale Of Two Codes: The Influence Of Albuquerque And Washington On Green Building, Jeffrey Pike

Boston College Environmental Affairs Law Review

Green building has become an increasingly important piece of the American economy. Two cases from the past five years addressed this burgeoning field: Air Conditioning, Heating and Refrigeration Institute v. City of Albuquerque and Building Industry Association of Washington v. Washington State Building Code Council. As a result of these decisions, legislators would be wise to explicitly evidence their desires when updating or enacting local buildings codes to guard against the potential for severability in the event that the federal Energy Policy and Conservation Act preempts part of the code. So long as they do so, legislators should be able ...


The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana 2014 SelectedWorks

The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana

Morad Elsana

ABSTRACT

This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights.

The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles ...


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson 2014 SelectedWorks

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.”

Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...


Deja Vu All Over Again? The Internal Affairs Rule And Entity Law Convergence Patterns In Europe And The United States, Matthew G. Dore 2014 SelectedWorks

Deja Vu All Over Again? The Internal Affairs Rule And Entity Law Convergence Patterns In Europe And The United States, Matthew G. Dore

Matthew G Dore

Many scholars embrace the view that corporate law convergence is an inevitable byproduct of the internal affairs rule and market competition by jurisdictions that seek to attract new entity formations by offering ever more efficient business association laws. Yet recent developments in Europe and the U.S. cast doubt on this proposition.

As the article describes, the European Court of Justice embraced the internal affairs rule more than a decade ago, and European Union legislation now offers new opportunities for EU Member States to compete in the company law field. But Europe has experienced neither U.S.-style jurisdictional competition ...


Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley 2014 University of Maryland Francis King Carey School of Law

Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley

Journal of Business & Technology Law

No abstract provided.


Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric 2014 University of Maryland Francis King Carey School of Law

Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric

Journal of Business & Technology Law

No abstract provided.


Digital Commons powered by bepress