Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional Law (2)
- Law and Society (2)
- Public Law and Legal Theory (2)
- Agency (1)
- Alter ego (1)
-
- BP litigation (1)
- Bedouin in Israel (1)
- CERCLA (1)
- CWA (1)
- Choice of Forum (1)
- Choice of Law (1)
- Civil Law (1)
- Commercial Law (1)
- Commercial/Financial Contract (1)
- Comparative and Foreign Law (1)
- Conflict of Law/Madhab (1)
- Conflict of laws (1)
- Constitutional law (1)
- Corporations (1)
- Curd v. Mosaic (1)
- Customary law (1)
- Dispute Resolution (1)
- Domestic (1)
- Economics (1)
- Environmental Law (1)
- Environmental resource damages (1)
- Florida's Pollution Discharge and Prevention Act (1)
- Foreign (1)
- General jurisdiction (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack
Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack
Sheldon D Pollack
A constitutional issue of great significance has confounded our political and legal systems in recent decades. This involves the legal status afforded same-sex marriage. Under longstanding tradition, marriage in all fifty states was restricted to a union of one man and one woman (a “traditional marriage”). But tradition began to erode in the 1990s, gradually giving way to a tacit acceptance of same-sex marriage in various regions of the United States. The result has been several decades of unsettled and conflicting law with respect to the legal status of such unions, with some states recognizing same-sex marriages and others prohibiting …
Islamic Theory Of Conflict Of Commercial Law: A Proposition, Anowar Zahid
Islamic Theory Of Conflict Of Commercial Law: A Proposition, Anowar Zahid
Anowar Zahid
The parties to an international commercial/financial contract may choose a single law or a combination of law like English law and Islamic law to settle their dispute that may arise therefrom. At the same time, they may choose a forum (law court or arbitration tribunal) belonging to an Islamic jurisdiction. Such a choice of law and forum deserve a theoretical enquiry from Islamic perspective since it gives rise two important issues. First, if the choice is a single secular law and it conflicts with Shari'ah law in full or in part, then how the forum will reconcile the conflicts. It …
What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimlerag V. Bauman, Keri M. Martin
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 may …
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.
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
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 …