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Articles 1 - 13 of 13
Full-Text Articles in Law
Covid-19 Business Interruption Insurance Losses: The Cases For And Against Coverage, Christopher French
Covid-19 Business Interruption Insurance Losses: The Cases For And Against Coverage, Christopher French
Journal Articles
The financial consequences of the government-ordered shutdowns of businesses across America to mitigate the COVID-19 health crisis are enormous. Estimates indicate that small businesses have lost $255 to $431 billion per month and more than 44 million workers have been laid off. When businesses have requested reimbursement of their business interruption losses from their insurers under business interruption policies, their insurers have denied the claims. The insurance industry also has announced that business interruption policies do not cover pandemic losses, so they intend to fight COVID-19 claims “tooth and nail.” More than 450 lawsuits throughout the country already have been …
A Theoretical Perspective Of The Public Policy Doctrine In The Conflict Of Laws, Kenny Chng
A Theoretical Perspective Of The Public Policy Doctrine In The Conflict Of Laws, Kenny Chng
Research Collection Yong Pung How School Of Law
The public policy doctrine in the conflict of laws hasbeen often characterised as uncertain and ambiguous. This article aims toexamine the doctrine at common law from a theoretical perspective in order to:first, determine whether the substantive considerations which courts haveinvoked under the public policy doctrine are theoretically justifiable; second,discern principled boundaries around the courts’ exercise of the defence. Througha study of case law and an examination from first principles of the normativebasis for the recognition of foreign laws and judgments, this article proposesa set of principles that can form the theoretical underpinning of the publicpolicy doctrine, and will examine how …
The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy
The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy
Georgia Journal of International & Comparative Law
No abstract provided.
Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand
Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand
Articles
This publication was prepared for the U.S. Federal Judicial Center as a guide for Federal Judges on the recognition and enforcement of foreign judgments. It covers applicable law in federal courts, the issues raised when a foreign judgments recognition case, grounds for non-recognition (and their sources in the law), and recent developments that may affect future adjustments in the rules. The law in those states that have adopted one of the Uniform Acts is covered, as is the law in states that remain under a common law system for recognition and enforcement of judgments. Also covered is the 2005 Hague …
Case Note On Supreme Court Of Cyprus (2008), Beogradska Banka D.D. V. Westacre Investments Inc. (2008) 1 Α.Α.Δ. 1217 [In Greek] Λυσίας (Lysias) 3 (2010): 106-1110, Nikitas E. Hatzimihail
Case Note On Supreme Court Of Cyprus (2008), Beogradska Banka D.D. V. Westacre Investments Inc. (2008) 1 Α.Α.Δ. 1217 [In Greek] Λυσίας (Lysias) 3 (2010): 106-1110, Nikitas E. Hatzimihail
Nikitas E Hatzimihail
This case note discusses a leading Cypriot appellate ruling on international commercial arbitration: notably, ordre public (public policy) as a possible ground of exception to the recognition/enforcement of a foreign arbitral award, and the possibility of invoking corruption in the underlying transaction between the parties.The case is also one of the last episodes of the Westacre arbitration saga.
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Michigan Journal of International Law
The Article begins with a review of the relevant rules governing enforcement of foreign judgments in the United States. Part II explains how courts have unpersuasively applied these rules when refusing to enforce foreign libel judgments. Part III then explains how the Yahoo! court adopted much of this faulty reasoning. Finally, Part IV explains the considerations that better justify judicial refusal to enforce speech-restrictive foreign judgments, especially those triggered by Internet speech. The Article concludes that the prospect that U.S. Internet speakers will choose to speak only to a U.S. audience-even when their speech would be legal everywhere-is the most …
Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review
Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review
Michigan Law Review
The Duke and Duchess of Arion, nationals and domiciliaries of Spain, neither of whom had ever been to New York, deposited community property consisting of cash and securities in several New York banks. In establishing these accounts, the Duke and Duchess either expressly agreed in writing that the New York law of survivorship would apply to their accounts or signed standard bank survivorship forms which incorporated the survivorship laws of that state. After her husband's death, the Duchess made the entire amount on deposit in New York subject to her will. Following the Duchess' death and during probate of her …
The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig
The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig
Michigan Law Review
The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Michigan Law Review
''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …
Conflict Of Laws--Effect Of Forum's Statute Of Frauds On Foreign Oral Contract To Bequeath Property, David D. Dowd, Jr. S.Ed.
Conflict Of Laws--Effect Of Forum's Statute Of Frauds On Foreign Oral Contract To Bequeath Property, David D. Dowd, Jr. S.Ed.
Michigan Law Review
Plaintiff brought an action in New York for specific performance of an oral agreement allegedly made by testator in Florida not to change his will without plaintiff's consent. Defendant's motions for dismissal of the complaint and summary judgment were dismissed. The appellate division on reargument entered orders reversing the lower court. On plaintiff's appeal to the court of appeals, held, affirmed. The New York Personal Property Law, which states that oral contracts to bequeath property are void, is controlling, regardless of whether this section of the statute of frauds is procedural or substantive. If the section is procedural, the …
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Michigan Law Review
Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …
Corporations-Separation Of The Voting Power From Legal And Beneficial Ownership Of Corporate Stock, Richard V. Ehrick S.Ed.
Corporations-Separation Of The Voting Power From Legal And Beneficial Ownership Of Corporate Stock, Richard V. Ehrick S.Ed.
Michigan Law Review
The Supreme Court of Michigan recently decided the case of Ecclestone v. Indialantic, Inc., the important facts being as follows: in June, 1942, defendant Emmons, owner of 451 shares of the common stock of Indialantic, Inc., a Florida corporation, transferred his entire holding to the Detroit Orthopedic Clinic in payment of an antecedent debt, reserving to himself, however, the sole right to vote the stock until the assets of the corporation were substantially liquidated. In March, 1946, with notice of this reservation of the right to vote, the plaintiff purchased all of these shares from the Clinic and thereby …
Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom
Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom
Michigan Law Review
Defendant, a member of a machinist's union, was indicted for violation of a city ordinance which prohibited peaceful picketing except by employees employed three months or more at a place of business and who had been so employed within sixty days of the commencement of the picketing. A state statute modeled on the Norris-LaGuardia Act authorized the giving of publicity of labor disputes and forbade the issuing of injunctions for designated types of labor controversies. Held, that the ordinance was void and that the defendant was entitled to picket peacefully a company which had never employed him, but which …