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Articles 1 - 30 of 120
Full-Text Articles in Law
Property, Exclusivity, And Jurisdiction, James Y. Stern
Property, Exclusivity, And Jurisdiction, James Y. Stern
James Y. Stern
No abstract provided.
Choice Of Law, The Constitution And Lochner, James Y. Stern
Choice Of Law, The Constitution And Lochner, James Y. Stern
James Y. Stern
No abstract provided.
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman
Nathan B. Oman
One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …
The Return Of The Unprovided-For Case, Michael S. Green
The Return Of The Unprovided-For Case, Michael S. Green
Michael S. Green
No abstract provided.
Dual Regulation Of Insurance, Christopher French
Dual Regulation Of Insurance, Christopher French
Christopher C. French
State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, Seid Y. Hassan
State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, Seid Y. Hassan
Seid Hassan
Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu
Peter K. Yu
Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …
Conflict Of Laws (2017), James P. George, Randy D. Gordon
Conflict Of Laws (2017), James P. George, Randy D. Gordon
Randy D. Gordon
States’ and nations’ laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflict cases from Texas state and federal courts during the Survey period from December 1, 2015, through November 30, 2016. The article excludes cases involving federal–state conflicts; intrastate issues, such as subject matter jurisdiction and venue; and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases are discussed …
Us State Implementation Of 5 Methods Of Foreign Lawyer Practice In The United States, Laurel S. Terry
Us State Implementation Of 5 Methods Of Foreign Lawyer Practice In The United States, Laurel S. Terry
Laurel S. Terry
Full Faith And Credit, Choice Of Laws, And Extraterritorial Regulation Of Corporate Transactions, Gregory S. Sergienko
Full Faith And Credit, Choice Of Laws, And Extraterritorial Regulation Of Corporate Transactions, Gregory S. Sergienko
Greg Sergienko
In a federal system in which each state may enact laws providing for the chartering and governance of corporations and in which corporations can and do conduct business in more than one state, several states may claim an interest in regulating the conduct of a given corporation. The enactment of state laws that are intended to restrict hostile corporate takeovers and that purport to extend to foreign corporations is one example of this phenomenon. "Typically, any of a number of jurisdictional links might trigger the application of such an anti-takeover statute: the target's being incorporated in the state, its having …
English Justice For An American Company?, Christopher French
English Justice For An American Company?, Christopher French
Christopher C. French
Parochial Procedure, Maggie Gardner
Parochial Procedure, Maggie Gardner
Maggie Gardner
The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of individual judges: persuade judges to like international law and transnational cases better, the standard story goes, and the courts will reach more cosmopolitan results. This Article challenges that assumption. I argue instead that parochial doctrines can develop even in the absence of parochial judges. Our …
Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky
Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
John (Bernie) Corr
No abstract provided.
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
John (Bernie) Corr
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
John (Bernie) Corr
No abstract provided.
Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin
Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin
Erwin Chemerinsky
No abstract provided.
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Constitution Of Canada And The Conflict Of Laws, Janet Walker
The Constitution Of Canada And The Conflict Of Laws, Janet Walker
Janet Walker
This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the …
Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act, Andrew D. Bradt
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 clash, governmental-interest …
Reforming The Law Of Crossborder Litigation: Judicial Jurisdiction, Janet Walker
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.
European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa
European Financial Regulations – Post Crisis Ciarb Presentation.Pdf, Mohamed Raffa
Mohamed Raffa Dr.
Could A State Court's Selection Of Another State's Substantive Law Exceed Constitutional Limitations On Choice Of Law?, Charles Thatcher
Could A State Court's Selection Of Another State's Substantive Law Exceed Constitutional Limitations On Choice Of Law?, Charles Thatcher
Charles Thatcher
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French
A Battlefield Map For Nfl V. Insurance Industry Re: Concussion Liabilities, Christopher French
Christopher C. French
Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker
Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker
Janet Walker
With the willingness to enforce foreign default judgments against defendants who did not consent to the jurisdiction of the foreign court and were not local persons there, Canadian courts may need to reconsider the narrowly framed defences so as to strike the comity balance anew.
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
Brian Slattery
The author critically examines the recent decision of the Supreme Court of Canada in Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. This case holds that the Canadian Charter of Rights and Freedoms only applies to the relations between government and private persons and not to relations between private persons alone, with two exceptions. The author argues that the first exception - when a private person invokes a statute, rather than the common law, against another private person - is untenable because both the common law and the droit civil are grounded in legislative instruments, respectively …
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Sital Kalantry
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
Developing An International Carbon Tax Regime, Steven Specht
Developing An International Carbon Tax Regime, Steven Specht
Steven Specht
As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …
Crónica Del Séptimo Pleno Casatorio Civil, Nelson Ramírez Jimenez
Crónica Del Séptimo Pleno Casatorio Civil, Nelson Ramírez Jimenez
Fort Ninamancco Cordova
Crónica del VII Pleno Casatorio Civil, la cual contiene una muy bien trabajada síntesis de las intervenciones de los amicus curiae antes las Salas Civiles reunidas de la Corte Suprema.
Interstate Intercourse: How Modern Assisted Reproductive Technologies Challenge The Traditional Realm Of Conflicts Of Law, 24 Wis. J. L. Gender, & Soc'y 25 (2009), Sonia Bychkov Green
Interstate Intercourse: How Modern Assisted Reproductive Technologies Challenge The Traditional Realm Of Conflicts Of Law, 24 Wis. J. L. Gender, & Soc'y 25 (2009), Sonia Bychkov Green
Sonia Bychkov Green
No abstract provided.