Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Conflict of laws (6)
- Choice of law (5)
- Jurisprudence (5)
- Civil Procedure (4)
- Jurisdiction (4)
-
- Enforcement (3)
- Federal Courts (3)
- International Law (3)
- Practice and Procedure (3)
- Aggregated CACs (2)
- CAFA (2)
- Choice of Law (2)
- Class Action Fairness Act (2)
- Classification (2)
- Constitutional Law (2)
- Convention (2)
- Corporate charter competition (2)
- Default (2)
- Federalism (2)
- Holdout (2)
- Insolvency (2)
- MDL (2)
- Pari passu (2)
- Priority (2)
- Public finance (2)
- Restructuring (2)
- SDRM (2)
- Sovereign immunity (2)
- Statutory (2)
- Territoriality (2)
- Publication Year
- Publication
Articles 31 - 47 of 47
Full-Text Articles in Law
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
All Faculty Scholarship
No abstract provided.
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii
A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii
All Faculty Scholarship
The article analyzes the question of the retroactive effect of judicial decisions. It surveys the history of retroactivity doctrine to demonstrate that the current approach to retroactivity jurisprudence is a consequence of the Warren Court's adoption of the principle that parties should be governed by the law in effect at the time of their actions. This principle leads to a theoretical framework that suffers from serious difficulties. In particular, it is unable to distinguish between cases presented on direct and collateral review, and consequently unable to reach a satisfactory treatment of habeas petitions based on changes in law. The article …
Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank
Jurisdiction To Adjudicate: End Of The Century Or Beginning Of The Millennium?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii
The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii
All Faculty Scholarship
Choice of law is a mess. That much has become a truism. It is a "dismal swamp," a morass of confusion, a body of doctrine "killed by a realism intended to save it," and now "universally said to be a disaster." One way to demonstrate its tribulations would be to look at the academic dissensus and the hopelessly underdeterminative Restatement (Second) of Conflict of Laws. Another would be to examine the Supreme Court's abdication of the task of articulating constitutional constraints on state choice-of-law rules. This article will do both. At the outset, though, I want to suggest that one …
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Three Opinions, Stephen B. Burbank
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman
Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
All Faculty Scholarship
The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank
Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
All Faculty Scholarship
No abstract provided.