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Articles 391 - 420 of 499

Full-Text Articles in Conflict of Laws

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman Jan 1981

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman

Faculty Publications

No abstract provided.


The Loneliness Of The Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350 Sep 1980

The Loneliness Of The Long Distance Statute, The Alien Tort Claims Act, 28 U.S.C. § 1350

Washington and Lee Law Review

No abstract provided.


Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover Jan 1980

Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover

American Indian Law Review

No abstract provided.


Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz Jan 1979

Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz

Northwestern Journal of International Law & Business

Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …


Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland Jan 1979

Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland

Northwestern Journal of International Law & Business

In an increasingly integrated world where political and economic issues are deeply intertwined, the regulation of international business activity raises complex problems in international law. The existence of the multinational corporation, which is possessed of multiple identities and therefore subject to the jurisdiction of both "home" nations, where it is headquartered, and "host" nations, where its subsidiaries are located, makes the potentiality of jurisdictional disputes among nations particularly acute. While attempts to apply United States law to American foreign subsidiaries virtually ensures conflicts among jurisdictions, excusing subsidiaries from compliance with domestic law could seriously undermine comprehensive regulatory activity. It could …


Judicial Jurisdiction And Choice Of Law: The Consequences Of Shaffer V. Heitner, Robert Allen Sedler Jun 1978

Judicial Jurisdiction And Choice Of Law: The Consequences Of Shaffer V. Heitner, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Judicial Jurisdiction And Choice Of Law In Interstate Accident Cases: The Implications Of Shaffer V. Heitner, Robert Allen Sedler Jan 1978

Judicial Jurisdiction And Choice Of Law In Interstate Accident Cases: The Implications Of Shaffer V. Heitner, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Shaffer V. Heitner: The Supreme Court Establishes A Uniform Approach To State Court Jurisdiction Jan 1978

Shaffer V. Heitner: The Supreme Court Establishes A Uniform Approach To State Court Jurisdiction

Washington and Lee Law Review

No abstract provided.


Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack Jan 1978

Maritime Attachment And Arrest: Facing A Jurisdictional And Procedural Due Process Attack

Washington and Lee Law Review

No abstract provided.


The Erosion Of Erie In The Federal Courts: Is State Law Losing Ground?, David A. Thomas Mar 1977

The Erosion Of Erie In The Federal Courts: Is State Law Losing Ground?, David A. Thomas

BYU Law Review

No abstract provided.


The Governmental Interest Approach To Choice Of Law: An Analysis And A Reformulation, Robert A. Sedler Jan 1977

The Governmental Interest Approach To Choice Of Law: An Analysis And A Reformulation, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Rules Of Choice Of Law Versus Choice-Of-Law Rules: Judicial Method In Conflicts Torts Cases, Robert A. Sedler Jan 1977

Rules Of Choice Of Law Versus Choice-Of-Law Rules: Judicial Method In Conflicts Torts Cases, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr. Oct 1975

Examining Board Of Engineers V. Flores Deotero, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski Jan 1973

Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski

Faculty Scholarship

No abstract provided.


State Law Of Patent Exploitation, Edward H. Cooper Jan 1972

State Law Of Patent Exploitation, Edward H. Cooper

Articles

The main purpose of the present inquiry is to determine whether second thoughts support or undermine the instinctive supposition that the doctrines surrounding cooperative use of patents should be federal. The original creator of a patented invention is seldom in a position to exploit its commercial potential alone; even if the invention is created by the employee of a vast enterprise, it is almost inevitable that the patent will be assigned to his employer. Patent licensing plays a vitally important role in the development of many inventions. The contract doctrines surrounding such transactions, and various other consensual undertakings relating to …


Federal Courts--State Laws In Conflict With Federal Procedural Rules Sep 1971

Federal Courts--State Laws In Conflict With Federal Procedural Rules

West Virginia Law Review

No abstract provided.


The Territorial Imperative: Automobile Accidents And The Significance Of A State Line, Robert Allen Sedler Apr 1971

The Territorial Imperative: Automobile Accidents And The Significance Of A State Line, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Characterization, Identification Of The Problem Area And The Policy-Centered Conflict Of Laws: An Exercise In Judicial Method, Robert Allen Sedler Jan 1970

Characterization, Identification Of The Problem Area And The Policy-Centered Conflict Of Laws: An Exercise In Judicial Method, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown Mar 1967

Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown

Washington and Lee Law Review

No abstract provided.


Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner Jan 1967

Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner

Villanova Law Review (1956 - )

No abstract provided.


A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr. Jan 1967

A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.

Villanova Law Review (1956 - )

No abstract provided.


Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review Jan 1967

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 …


Conflict Of Laws- Long Arm Statutes--Sufficient Minimus Contact For In Personam Jurisdiction Over Foreign Corporations, Ronald Ralph Brown Dec 1966

Conflict Of Laws- Long Arm Statutes--Sufficient Minimus Contact For In Personam Jurisdiction Over Foreign Corporations, Ronald Ralph Brown

West Virginia Law Review

No abstract provided.


Extraterritorial Application Of Penal Legislation, B. J. George Jr. Feb 1966

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.


Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly Jan 1966

Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly

Villanova Law Review (1956 - )

No abstract provided.


The Interstate Child And Uniform Legislation: A Plea For Extra-Litigious Proceedings, Albert A. Ehrenzweig Nov 1965

The Interstate Child And Uniform Legislation: A Plea For Extra-Litigious Proceedings, Albert A. Ehrenzweig

Michigan Law Review

When I originally offered my re-interpretation of prevailing practice, I did not feel that it would be expedient to make suggestions for alternative solutions because I was then convinced that the courts were doing the very best they could with the procedural tools at their disposal and that there was little hope for an improvement of those tools. However, there is such hope now, and the time has come to help in the search for new answers. In the following discussion, I shall comment on two current proposals for uniform and federal legislation and shall attempt to formulate a tentative …


An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub Apr 1965

An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub

Michigan Law Review

No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …


In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins Apr 1965

In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins

Michigan Law Review

A wide divergence of opinion exists regarding the wisdom as well as the constitutionality of extensive jurisdiction through the use of liberally drafted and construed "long-arm" statutes. Hesitance may result from a fear of burdening a defendant with the inconvenience and expense of a foreign suit brought against him solely for the purpose of harassment. While this comment does not advocate the extent to which a court should assert the jurisdictional powers conferred on it by a given "long-arm" provision, it examines the scope of jurisdiction constitutionally permissible over nonresident manufacturers in product liability cases with a view toward formulating …


Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz Jan 1965

Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.


Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr. Jan 1965

Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.

Villanova Law Review (1956 - )

No abstract provided.