Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Conflict resolution (2)
- Courts (2)
- Jurisdiction (2)
- Mediation (2)
- 390304 Counselling and Mediation Services (1)
-
- ADR (1)
- Administrative Law (1)
- Agency (1)
- American Choice-of-Law Revolution in the Courts (1)
- Arbitration (1)
- Civil Procedure (1)
- Commerce clause (1)
- Comparative Impairment (1)
- Comparative Law (1)
- Conflict of Laws (1)
- Conflict of interest (1)
- Conflict of law (1)
- Conflict of laws (1)
- Conflicting sovereigns (1)
- Conflicts (1)
- Constitution (1)
- Constitutional doctrine (1)
- Constitutional interpretation (1)
- Dispute resolution (1)
- Ethiopia (1)
- Ethnic (1)
- Ethnic conflict (1)
- European Commission (1)
- European Union (1)
- Financial regulation (1)
Articles 1 - 12 of 12
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. …
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 …
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.
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. …
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 …
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 …
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.
Constitutional Decision Rules, Mitchell N. Berman
Constitutional Decision Rules, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.