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Articles 1 - 5 of 5
Full-Text Articles in Law
Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack
Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack
Sheldon D Pollack
A constitutional issue of great significance has confounded our political and legal systems in recent decades. This involves the legal status afforded same-sex marriage. Under longstanding tradition, marriage in all fifty states was restricted to a union of one man and one woman (a “traditional marriage”). But tradition began to erode in the 1990s, gradually giving way to a tacit acceptance of same-sex marriage in various regions of the United States. The result has been several decades of unsettled and conflicting law with respect to the legal status of such unions, with some states recognizing same-sex marriages and others prohibiting …
Foreigners In Us Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine Us Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Foreigners In Us Patent Litigation: An Empirical Study Of Patent Cases Filed In Nine Us Federal District Courts In 2004, 2009, And 2012, Marketa Trimble
Vanderbilt Journal of Entertainment & Technology Law
One of the greatest challenges facing patent holders is the enforcement of their rights against foreign (non-US) infringers. Jurisdictional rules can prevent patent holders from filing patent infringement suits where they have the greatest likelihood of success in enforcement, such as where the infringer is located, has its seat, or holds its assets. Instead, patent holders must file lawsuits in the country where the infringed patent was issued. But filing a patent lawsuit in a US court against a non-US infringer may be subject to various difficulties associated with the fact that US substantive patent law (particularly as regards its …
Non-State Law In The Hague Principles On Choice Of Law In International Contracts, Ralf Michaels
Non-State Law In The Hague Principles On Choice Of Law In International Contracts, Ralf Michaels
Faculty Scholarship
Article 3 of the Hague Principles on Choice of Law in International Contracts is the first quasi-legislative text on choice of law to allow explicitly for the choice of non-state law also before state courts. This paper, forthcoming in a Festschrift, puts the provision into a broader context, discusses their drafting history and particular issues involved in their interpretation. It also provides a critical evaluation. Article 3 does not respond to an existing need, and its formulation, the fruit of a compromise between supporters and opponents of choosing non-state law, makes the provision unsuccessful for state courts and arbitrators alike.
Limits Of Procedural Choice Of Law, S. I. Strong
Limits Of Procedural Choice Of Law, S. I. Strong
Faculty Publications
Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.
Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may …
What Is Extraterritorial Jurisdiction?, Anthony J. Colangelo
What Is Extraterritorial Jurisdiction?, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
The phenomenon of extraterritorial jurisdiction, or the exercise of legal power beyond territorial borders, presents lawyers, courts, and scholars with analytical onions comprising layers of national and international legal issues; as each layer peels away, more issues are revealed. U.S. courts, including the Supreme Court, have increasingly been wrestling this conceptual and doctrinal Hydra. Any legal analysis of extraterritorial jurisdiction leans heavily on the answers to two key definitional questions: What do we mean by “extraterritorial”? And, what do we mean by “jurisdiction”? Because the answer to the first question is often conditional on the answer to the second, the …