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Professor Juenger's Challenge To The Interest Analysis Approach To Choice-Of-Law: An Appreciation And A Response, Robert A. Sedler Jan 1990

Professor Juenger's Challenge To The Interest Analysis Approach To Choice-Of-Law: An Appreciation And A Response, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

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The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato Jan 1990

The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato

Faculty Working Papers

The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current …

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Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis Jan 1990

Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis

Publications

No abstract provided.

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Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl Jan 1990

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 …

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Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg Jan 1990

Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

The New Erie doctrine, however, has become a doctrine of convenience, inconsistently applied by conservative and liberal Justices alike. It is the antithesis of a “neutral principle” of constitutional adjudication. To use Justice Jackson's term, the federal laws are not the “juridical chameleons”--the Justices are. Part II of this Article discusses the old and the New Erie doctrines as articulated by the United States Supreme Court. Part III demonstrates the difficulty of limiting the New Erie doctrine to the single area of implied rights of action and shows how the broad brush with which the doctrine's proponents paint necessarily touches …

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Sales Transactions In Latin America: The Fundamental Issues, Shelly P. Battram Jan 1990