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- Choice of law (2)
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- International Shoe Co. v. Washington (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review
Court Examination Of The Discovery File On A Motion For Summary Judgment, Michigan Law Review
Michigan Law Review
This Note examines the history and ambiguous language of rule 56 to determine whether courts have a duty to examine the discovery file before granting a summary judgment. Section I discusses courts' differing interpretations of the rule. Section II shows that the Supreme Court Advisory Committee which drafted the rule contemplated that courts would examine routinely filed discovery materials when considering a motion for summary judgment. Section III concludes, however, that the expansion of pre-trial discovery since the enactment of the federal rules renders such a trial court duty inconsistent with the drafters' intent that the rules "be construed to …
Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review
Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review
Michigan Law Review
This Note proposes a solution to this choice-of-law problem. Section I surveys the courts' response to Congress's silence and finds confusion and disarray. Section II argues that courts should apply the state law pertinent to arbitration unless that law places heavier burdens on arbitration contracts than on other contracts; where state law does discriminatorily burden arbitration, the courts should apply the pertinent state rules applicable to "any contract." It concludes that the "grounds . . . for the revocation of any contract," although determined as a matter of federal policy, are to be found in state law rather than in …
Personal Jurisdiction And Choice Of Law, James Martin
Personal Jurisdiction And Choice Of Law, James Martin
Michigan Law Review
The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …
The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review
The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review
Michigan Law Review
A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley
The Role Of Ideas In Legal History, Jay M. Feinman
The Role Of Ideas In Legal History, Jay M. Feinman
Michigan Law Review
A review of Patterns of American Legal Thought by G. Edward White