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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Balancing Testamentary Incapacity And Undue Influence: How To Handle Will Contests Of Testators With Diminishing Capacity, Richard B. Keeton 2015 Texas Tech University

Balancing Testamentary Incapacity And Undue Influence: How To Handle Will Contests Of Testators With Diminishing Capacity, Richard B. Keeton

Richard B Keeton

Will contests involving testators with diminishing capacity present a number of challenges to attorneys and courts. One such challenge is the fact finding process to balance concurrent allegations of testamentary incapacity and undue influence. While a lack of testamentary incapacity and undue influence are two distinct grounds for avoiding a will, many courts have had conflicting opinions on whether a finding of undue influence is dependent upon a finding of requisite testamentary capacity or whether the two findings are mutually exclusive. This article attempts to provide a general understanding of basic concepts and theories relating to will contests of testators ...


Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal 2015 Charleston Law School

Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP).

To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the claim of ...


Suprema Decidirá Sobre Propiedad, Fort Ninamancco Córdova 2015 Universidad Nacional Mayor de San Marcos

Suprema Decidirá Sobre Propiedad, Fort Ninamancco Córdova

Fort Ninamancco Cordova

Nota del diario oficial "El Peruano" sobre el VII Pleno Casatorio Civil, de fecha 22 de julio de 2015, donde se cubre mi participación como Amicus Curiae. Cabe aclarar que no tengo la calidad de procesalista, puesto que mi especialidad es Derecho Civil.


Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra 2015 University of Brasília-Brazil

Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra

Thiago Luís Santos Sombra

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection of ...


A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr. 2015 University of Pennsylvania Law School

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

Faculty Scholarship

Given the ongoing work on a multilateral restructuring process for sovereign debt in the UN, consideration of the content and implementation of a sovereign debt restructuring mechanism (SDRM) is timely. The framework and content of the SDRM proposed here differs from earlier proposals in several important respects. For the classification and supermajority voting of claims in the approval a restructuring plan, it would mimic the structure and operation of the model collective action clauses (Model CACs) proposed by the International Capital Markets Association. Restructuring under a qualified sovereign debt restructuring law (QSDRL) would be guided by four principles: (i) observe ...


Daimler Ag V. Bauman: A New Era For Judicial Jurisdiction In The United States, Linda J. Silberman 2015 New York University School of Law

Daimler Ag V. Bauman: A New Era For Judicial Jurisdiction In The United States, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

In this article written primarily for a European audience, Professor Silberman discusses the Supreme Court’s 2014 decision in Daimler AG v. Bauman that redefined the constitutional limitations on general personal jurisdiction – holding that a corporation must be sued “at home” unless the claims being asserted relate to the corporation’s activity in the forum state. Professor Silberman highlights the significance of the decision for transnational cases, including the jurisdictional implications for foreign parent corporations and their subsidiaries. She draws comparisons with the European approach to jurisdiction under the European Regulation (now the Brussels Recast) and explains why the overall ...


The Multi-Angle Perspective On The Doctrine Of The Most Significant Relationship In The Practice Of The Private International Law In China, Hong Yun Tian, Jia Yi Geng 2015 Jilin University

The Multi-Angle Perspective On The Doctrine Of The Most Significant Relationship In The Practice Of The Private International Law In China, Hong Yun Tian, Jia Yi Geng

Jiayi Geng

Abstract

Today as communications between countries are becoming more and more frequently, no one can be an outsider but have to start dealing with civil and commercial cases with foreign elements and there is no exception ofChina, an emerging economic superpower. The doctrine of the most significant relationship, one of the two cornerstones of the modern private international law, has been playing an important role in resolving disputes took place in China, especially after the promulgation of the Law of the People’s Republic of China on Application of Laws in Foreign-related Civil Relations(Law) and the Interpretation of the ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman 2015 New York University School of Law

The End Of Another Era: Reflections On Daimler And Its Implications For Judicial Jurisdiction In The United States, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

The Supreme Court’s decision in Daimler AG v. Bauman confirmed what the Court hinted at in its earlier decision in Goodyear Dunlop Tires v. Brown—that a corporation must be sued “at home” unless the claims being asserted relate to the corporation’s activity in the forum state. Together, the decisions put an end to an era of general jurisdiction jurisprudence in the United States. Professor Silberman highlights the impact of these decisions in both interstate and international cases. She examines related areas of jurisdictional doctrine that are likely to be affected, including new ways of defining and interpreting ...


Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze 2015 Pace University

Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze

Pace International Law Review

In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).

Chapter IV, by analyzing the travaux, determines the primary purpose ...


Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch 2015 University of Georgia School of Law

Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy 2015 University of Georgia School of Law

The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner 2015 University of Georgia School of Law

Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis 2015 Columbia Law School

Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is A Better Measure?, Aditi Kumar 2015 American University Washington College of Law

Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is A Better Measure?, Aditi Kumar

Aditi Kumar

Constructive discharge is a long-standing phenomenon. The doctrine emerged in the 1930s in the context of alleged unfair labor practices under the National Labor Relations Act (NLRA). Constructive discharge occurs when the working conditions are so intolerable that a reasonable employee feels that she no choice but to quit her job. The Supreme Court brought the discussion of constructive discharge to light in Pennsylvania State Police v. Suders[1] where it discussed this principle in a hostile work environment context. Over the years, there has been much debate over the time period when a constructive discharge claim should begin. Since ...


Handelsrätt Och Internationell Privat- Och Processrätt, Ulf Maunsbach 2015 Lund University, Faculty of Law

Handelsrätt Och Internationell Privat- Och Processrätt, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Private International Law And The Internet, Ulf Maunsbach 2015 Lund University, Faculty of Law

Private International Law And The Internet, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge 2015 College of William & Mary Law School

Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge

William & Mary Business Law Review

The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008 ...


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