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Articles 1 - 28 of 28
Full-Text Articles in Law
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin M. Clermont
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin M. Clermont
Cornell Law Faculty Publications
Territorial authority to adjudicate is the preeminent component of private international law. Empirical research proves that forum really affects outcome, probably by multiple influences. This practical effect makes international harmonization of jurisdictional law highly desirable. Although harmonization of nonjurisdictional law remains quite unlikely, jurisdictional harmonization is increasingly feasible because, among other reasons, U.S. jurisdictional law in fact exhibits no essential differences from European law. None of the usual assertions holds up as an unbridgeable difference, including that (1) the peculiar U.S. jurisdictional law flows inevitably from a different theory of governmental authority, one that rests on power notions; (2) U.S. …
A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift
ExpressO
In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?
This article discusses the competing theories and concludes that a remedy that violates state law may …
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
ExpressO
ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …
Of Gift Horses And Great Expectations: Remands Without Vacatur In Administrative Law, Daniel B. Rodriguez
Of Gift Horses And Great Expectations: Remands Without Vacatur In Administrative Law, Daniel B. Rodriguez
University of San Diego Public Law and Legal Theory Research Paper Series
Administrative law has been shaped over the years by fundamentally practical considerations. Displacement of agency decisions by courts was rare; yet, the omnipresent threat of substantial judicial intrusion surely affected agency decisions. While the Administrative Procedure Act, adopted nearly 60 years ago, provides a comprehensive template for federal agency decisionmaking, what is striking about the APA is how much is left out and how much is left to the discretion of both agencies in implementing regulatory decisions and to the courts in superintending agency action. Given this history, it is hardly surprising that many doctrinal techniques represent the pragmatic effort …
Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan
Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan
Washington and Lee Law Review
No abstract provided.
Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen
Fine Art Online: Digital Imagery And Current International Interpretations Of Ethical Considerations In Copyright Law, Molly A. Torsen
ExpressO
This writing explores the fast-changing intersection of law, technology and ethical considerations related to the visual arts. My paper explores differences in domestic intellectual property laws as well as regional considerations in moral rights law application.
Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt
Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt
ExpressO
No abstract provided.
Water Law And Its Role In Closing The Nuclear Fuel Cycle, Richard A. Rawson
Water Law And Its Role In Closing The Nuclear Fuel Cycle, Richard A. Rawson
Nevada Law Journal
No abstract provided.
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Faculty Scholarship
No abstract provided.
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
Honor Crimes In Jordan: Their Treatment Under Islamic And Jordanian Criminal Laws, Ferris K. Nesheiwat
Honor Crimes In Jordan: Their Treatment Under Islamic And Jordanian Criminal Laws, Ferris K. Nesheiwat
Ferris K Nesheiwat
No two elements are more important to the establishment of a civilized and open society than society’s respect for individual human rights and respect for and submission to the rule of law. These two elements, however, are not always compatible. When society adopts laws that undermine the basic rights of a class of citizens, a tension is created between an individual’s responsibility to respect society’s laws, and that same individual’s right to be protected and treated equitably by his or her society. This scenario occurs when society adopts laws, which selectively provide under-protection to a class of citizens because of …
Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich
Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article published in Spanish provides with an assessment of a bill sent to the Argentinean Parliament in order to implement trial by jury for serious criminal matters. It also provides with a historical overview of the institution and with some possible explanations why the Argentinean legislator has been reluctant to fulfill the constitutional mandate of implementing trial by jury for all criminal matters (articles 24, 75 (12) and 118 of the Argentinean Constitution).
Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller
UIC John Marshall Journal of Information Technology & Privacy Law
With the increasing use of the Internet, all on-line users, web site owners, e-commerce companies and consumers alike, feel the need to be able to rely on clear standards for a potential contract or tort lawsuit following the Internet presence that could lead to multinational litigation. This goal could be achieved if the negotiations of the Hague Convention on international jurisdiction and enforcement of foreign judgments in civil and commercial matters succeed in harmonizing the rules of the different legal systems around the globe, or at least create a minimum standard for legal cases which would benefit greatly e-commerce and …
Constitutional Decision Rules, Mitchell N. Berman
Constitutional Decision Rules, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
William Mitchell Law Review
Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.
The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.
University of Richmond Law Review
No abstract provided.
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Mediation: Ein Meta Modell, Nadja Alexander
Mediation: Ein Meta Modell, Nadja Alexander
Research Collection Yong Pung How School Of Law
The Mediation Meta-Model introduced in this article provides a framework for understanding a range of mediation practice models and their relationship to each other and to other ADR processes. It extends the work of Riskin in two ways: first by revising the dimensions of his original Grid to form a Mediation Meta-Model and second, by identifying and labeling a range of practice models within this Meta-Model. The practice models draw from Boulle\u27s work and extend Boulle\u27s four primary models to five. This Meta-Model is developmental insofar as it has the ability to accommodate emerging and changing practice models of mediation. …
Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis
Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis
Articles
Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build safeguards against such disputes into their political and legal systems by establishing federal political structures, designing elections to encourage participation, and entering complex power-sharing arrangements, but such measures cannot be expected to prevent all conflict. Human rights and minority rights guarantees likewise have proven unable to accommodate all relevant groups and interests. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts as they arise. This presents an important question: what kinds …
Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman
Guillen And Gullibility: Piercing The Surface Of Commerce Clause Doctrine, Mitchell N. Berman
All Faculty Scholarship
In Pierce County v. Guillen, the Supreme Court's most recent Commerce Clause decision, the Court upheld a federal law that protects information compiled or collected by states and localities in connection with federal highway safety programs from being discovered or admitted into evidence in state or federal trials. A short and unanimous decision, Guillen has gone almost entirely unnoticed. This article aims to rectify that oversight. Very simply, Guillen is not the gimme that its length, tone, and reception all conspire to suggest. At the heart of the case is a puzzle. And attempts to unravel that puzzle may substantially …
Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd
Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd
UIC Law Review
No abstract provided.
Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota
UIC Law Review
No abstract provided.
Book Review. After The Revolution, Gene R. Shreve
Book Review. After The Revolution, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis
On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis
Law Faculty Scholarly Articles
Conflicts scholars and jurists for centuries have sought an answer to the question of "what law controls?" by balancing a number of considerations. Chief among those considerations are the legitimate political and policy concerns of conflicting sovereigns. This article analyzes the Supreme Court's recent preemption decisions with an understanding of these theories and their underlying considerations. That analysis reveals that the Court's recent preemption decisions incorporate two modem conflict of laws theories: Governmental Interest Analysis and its corollary, Comparative Impairment. Each of these theories builds on the notion that a choice of law analysis should be motivated by selecting the …
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Direitos Humanos - Jornal O Povo, Haradja L. Torrens
Direitos Humanos - Jornal O Povo, Haradja L. Torrens
Haradja L Torrens
No abstract provided.