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Full-Text Articles in Law
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Michigan Journal of International Law
Three years ago, two French public interest groups, La Ligue Contre le Racisme et L'Antisemitisme (LICRA) and LUnion des Etudiants Juifs De France (UEJF), sued Yahoo! Inc., a Delaware corporation headquartered near Santa Barbara, California, in the Tribunal de Grande Instance in Paris. The undisputed facts underlying the complaint were that: Yahoo! Inc. operated, inter alia, an auction website on which various Nazi memorabilia (such as flags, stamps, and military souvenirs) were offered for sale; the respective Yahoo! Inc. website was accessible in France; and the display of the Nazi memorabilia was illegal under French law. The French plaintiffs sought …
Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt
Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt
Michigan Journal of International Law
This Article furthers this comparison of cyberconflicts and the real world, attempting to ascertain what lessons, if any, can be drawn from it. Part I of the Article explores the interests at stake in cyberconflicts and the relationship between technology and the law. Part II uses the French Yahoo! court's decision to show that real-world conceptions of prescriptive jurisdiction retain their legitimacy in cyberspace. Finally, Part III notes that the prospect of near perfect compliance offered by Internet technology provides the opportunity to engineer mature, well-calibrated solutions to international regulatory conflicts, which might then even serve as a model in …
Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl
Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl
Michigan Journal of International Law
This article describes the current situation in the emerging integrated system of the European Community, focusing on the potential conflict between Community rules on the freedom of establishment and national conflict-of-law rules relating to companies. In the first part, I shall outline the relevant provisions of EC law and the two conflict-of-law concepts presently exhibited in the national laws of the Member States. In the second part, I shall discuss three cases in which the European Court of Justice recently addressed this subject. In the third part, I shall analyze the impact of the Court's opinions, and finally outline options …
Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein
Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein
Michigan Law Review
The term "recognition" has many meanings. We speak in family law of a "recognized child," in public international law of recognizing a newly emerged state or newly installed government, and in private international law (conflict of laws) of recognizing foreign judgments or legal persons. In both public and private international law, it is the nation-state that grants or denies recognition. In public international law, the "recognizing" nation-state expresses "a value judgment acknowledging that a given fact situation is in accord with the exigencies of the international legal order." In private international law (or conflict of laws), on the other hand, …