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Full-Text Articles in Law

On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis Jan 2004

On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis

Law Faculty Scholarly Articles

Conflicts scholars and jurists for centuries have sought an answer to the question of "what law controls?" by balancing a number of considerations. Chief among those considerations are the legitimate political and policy concerns of conflicting sovereigns. This article analyzes the Supreme Court's recent preemption decisions with an understanding of these theories and their underlying considerations. That analysis reveals that the Court's recent preemption decisions incorporate two modem conflict of laws theories: Governmental Interest Analysis and its corollary, Comparative Impairment. Each of these theories builds on the notion that a choice of law analysis should be motivated by selecting the …


A Multilateralist Method Of Choice Of Law, Scott Fruehwald Jan 1996

A Multilateralist Method Of Choice Of Law, Scott Fruehwald

Kentucky Law Journal

No abstract provided.


State Marital Property Laws And Federally Created Benefits: A Conflict Of Laws Analysis, Louise Everett Graham Jan 1982

State Marital Property Laws And Federally Created Benefits: A Conflict Of Laws Analysis, Louise Everett Graham

Law Faculty Scholarly Articles

The laws of individual states have historically controlled familial relationships and the rights and responsibilities derived from them. The injection of federal rights into the domestic relations area has generally been confined to resolution of claims that the application of particular state laws violated either due process or equal protection rights of particular persons. In a limited number of cases concerning marital property, however, one party has relied upon a federal law creating a benefit or right that conflicts with the state-created rule apportioning marital property or establishing a support obligation. Such a conflict of laws problem arose in McCarty …


Miller V. Davis: The Sixth Circuit Applies Interest Analysis To An Erie Problem, John R. Leathers Jan 1975

Miller V. Davis: The Sixth Circuit Applies Interest Analysis To An Erie Problem, John R. Leathers

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--A Rationale Of Jurisdiction--Service Of Process, Roy Mitchell Moreland Jan 1968

Conflict Of Laws--A Rationale Of Jurisdiction--Service Of Process, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland Jan 1967

Conflicts Of Law--Choice Of Law In Torts--A Critique, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Babcock V. Jackson In Kentucky: Judicial Method And The Policy-Centered Conflict Of Laws, Robert Allen Sedler Jan 1967

Babcock V. Jackson In Kentucky: Judicial Method And The Policy-Centered Conflict Of Laws, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland Jan 1966

Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


"Conflict" Between Federal And State Law--Arkansas Full Crew Statute Preempted, J. Kendrick Wells Jan 1965

"Conflict" Between Federal And State Law--Arkansas Full Crew Statute Preempted, J. Kendrick Wells

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland Jan 1965

Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland Jan 1965

Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Conflict Of Laws Problems Under The Uniform Commercial Code, Robert K. Cullen Jan 1960

Conflict Of Laws Problems Under The Uniform Commercial Code, Robert K. Cullen

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Limitation Of Actions--"Borrowing" Statute, Charles Richard Doyle Jan 1955

Conflict Of Laws--Limitation Of Actions--"Borrowing" Statute, Charles Richard Doyle

Kentucky Law Journal

No abstract provided.


Some Aspects Of Conflict Of Laws In The Old Spanish Jurisprudence, William Q. De Funiak Jan 1947

Some Aspects Of Conflict Of Laws In The Old Spanish Jurisprudence, William Q. De Funiak

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Apparent Trends In Jurisdiction, Rosanna A. Blake Jan 1946

Conflict Of Laws--Apparent Trends In Jurisdiction, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--The Migratory Divorce--Williams V. State Of North Carolina, Ira G. Stephenson Jan 1945

Conflict Of Laws--The Migratory Divorce--Williams V. State Of North Carolina, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Securing Service On Corporations, Rosanna A. Blake Jan 1945

Conflict Of Laws--Securing Service On Corporations, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Physical Presence And Appearance As Bases Of Jurisdiction, Rosanna A. Blake Jan 1945

Conflict Of Laws--Physical Presence And Appearance As Bases Of Jurisdiction, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--The Doing Of An Act As The Basis For Jurisdiction, Rosanna A. Blake Jan 1945

Conflict Of Laws--The Doing Of An Act As The Basis For Jurisdiction, Rosanna A. Blake

Kentucky Law Journal

No abstract provided.


Uniformity Run Riot--Extensions Of The Erie Case, Lawrence Earl Broh-Kahn Jan 1943

Uniformity Run Riot--Extensions Of The Erie Case, Lawrence Earl Broh-Kahn

Kentucky Law Journal

No abstract provided.


Amendment By Decision--More On The Erie Case, Lawrence Earl Broh-Kahn Jan 1941

Amendment By Decision--More On The Erie Case, Lawrence Earl Broh-Kahn

Kentucky Law Journal

No abstract provided.


Delimitations Of Erie Railroad Co. Vs. Tompkins, Samuel H. Sibley Jan 1941

Delimitations Of Erie Railroad Co. Vs. Tompkins, Samuel H. Sibley

Kentucky Law Journal

No abstract provided.


Conflict Of Laws: The Development Of The Doing Of An Act Theory Of Jurisdiction, Howard E. Trent Jr. Jan 1941

Conflict Of Laws: The Development Of The Doing Of An Act Theory Of Jurisdiction, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.


Conflict Of Laws And Jurisdiction For Divorce--Separation Of The Marital Status, Nathan Elliott Jr. Jan 1940

Conflict Of Laws And Jurisdiction For Divorce--Separation Of The Marital Status, Nathan Elliott Jr.

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Jurisdiction For Divorce--Extra-Territorial Validity Of Ex Parte Divorces, Elwood Rosenbaum Jan 1940

Conflict Of Laws--Jurisdiction For Divorce--Extra-Territorial Validity Of Ex Parte Divorces, Elwood Rosenbaum

Kentucky Law Journal

No abstract provided.


Conflict Of Laws: What Is The Basis Of Jurisdiction To Determine Which Parent Shall Have The Custody Of Minor Children Following Divorce?, W. L. Matthews Jr. Jan 1940

Conflict Of Laws: What Is The Basis Of Jurisdiction To Determine Which Parent Shall Have The Custody Of Minor Children Following Divorce?, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Torts--Suit In A Foreign Court On An Obligation Created By The Law Of The Place Of Tort, James D. Allen Jan 1939

Conflict Of Laws--Torts--Suit In A Foreign Court On An Obligation Created By The Law Of The Place Of Tort, James D. Allen

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff Jan 1939

Conflict Of Laws--Jurisdiction To Grant Divorce--Davis V. Davis, Phillip Schiff

Kentucky Law Journal

No abstract provided.


Conflict Of Laws--What Law Governs The Validity Of A Contract In Kentucky, James D. Allen Jan 1939

Conflict Of Laws--What Law Governs The Validity Of A Contract In Kentucky, James D. Allen

Kentucky Law Journal

No abstract provided.


Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr. Jan 1938

Conflicts: Jurisdiction To Divorce. Criticism Of Jurisdiction Fact Theory., B. T. Moynahan Jr.

Kentucky Law Journal

No abstract provided.