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Articles 1 - 20 of 20
Full-Text Articles in Conflict of Laws
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Emanuela A. Matei
No abstract provided.
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
From Multiculturalism To Technique: Feminism, Culture, And The Conflict Of Laws Style, Karen Knop, Ralf Michaels, Annelise Riles
Annelise Riles
The German Chancellor, the French President, and the British Prime Minister have each grabbed world headlines with pronouncements that their states' policies of multiculturalism have failed. As so often, domestic debates about multiculturalism, as well as foreign policy debates about human rights in non- Western countries, revolve around the treatment of women. Yet feminists are no longer even certain how to frame, let alone resolve, the issues raised by veiling, polygamy, and other cultural practices oppressive to women by Western standards. Feminism has become perplexed by the very concept of "culture." This impasse is detrimental both to women's equality and …
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin Clermont
The Role Of Private International Law In The United States: Beating The Not-Quite-Dead Horse Of Jurisdiction, Kevin Clermont
Kevin M. Clermont
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. …
From Targeted Sanctions To Targeted Settlements--International Law-Making Through Effective Means, Marija Đorđeska
From Targeted Sanctions To Targeted Settlements--International Law-Making Through Effective Means, Marija Đorđeska
Marija Dordeska
No abstract provided.
Emergent Public Discourse And The Constitutional Debate In Tunisia: A Critical Narrative Analysis, Nathaniel Greenberg
Emergent Public Discourse And The Constitutional Debate In Tunisia: A Critical Narrative Analysis, Nathaniel Greenberg
Nathaniel Greenberg
The appointment of the Minister of Industry, the so-called “technocrat” Mehdi Jomaa, to form a caretaker government in Tunisia on the eve of the revolution’s third anniversary, threw into stark relief the country’s complex struggle for democracy following the January 14 revolution. The announcement came in the wake of the Islamist party Ennahdha’s sudden renunciation of the Prime Minister’s office in September, ostensibly a sign of cooperation in the face of mounting criticism surrounding the government’s failure to investigate the assassinations of two political opposition figures. A number of Western media outlets, including the New York Times, quickly absorbed the …
The Dialogue Between Biomedicine And Law In An “Intraamerican Transnational Perspective”, Charles Baron
The Dialogue Between Biomedicine And Law In An “Intraamerican Transnational Perspective”, Charles Baron
Charles H. Baron
No abstract provided.
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Susan D. Franck
William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked. In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …
Prologomenon To An Empirical Restatement Of Conflicts, William Richman, William Reynolds
Prologomenon To An Empirical Restatement Of Conflicts, William Richman, William Reynolds
William L. Reynolds
No abstract provided.
Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck
Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck
Susan D. Franck
No abstract provided.
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
When Modernization And Legal Culture Clash: Justice Sector Funding And Traditional Authoritative Bodies In Benin, Jason Goldstein
When Modernization And Legal Culture Clash: Justice Sector Funding And Traditional Authoritative Bodies In Benin, Jason Goldstein
Jason M. Goldstein
In this article, I explore the mechanisms by which external actors are influencing judicial reform and rule of law expansion in the West African country of Benin. I emphasize the disconnect between centralizing reform methods, spurred by foreign funding, and the realities of an underdeveloped country where traditional authoritative bodies still have significant influence over local governance.
Implementing International Law In The Domestic Legal Order – The Application Of Safeguard Measures And The Possible Overlap Of Jurisdictions, Elenor Lissel
Elenor Lissel
No abstract provided.
Understanding Conflict Of Laws, William Richman, William Reynolds
Understanding Conflict Of Laws, William Richman, William Reynolds
William L. Reynolds
This Understanding treatise provides authoritative and comprehensive explanations of major theories and leading cases covered in Conflict of Laws courses. A family law chapter includes substantial new material on federal legislative responses to the serious problem of child support enforcement. Understanding Conflict of Laws also includes a new section on cyberspace jurisdiction.
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Ulf Maunsbach
No abstract provided.
When Religious Practices Become Legal Obligations: Extending The Foreign Compulsion Defense, Michael A. Helfand
When Religious Practices Become Legal Obligations: Extending The Foreign Compulsion Defense, Michael A. Helfand
Michael A Helfand
The purpose of this article is to fashion a religious compulsion defense as an outgrowth of the legally recognized foreign compulsion defense. Contra the rationale advanced in Employment Division v. Smith, the article argues that the rationale behind the foreign compulsion defense - to protect individuals from conflicting legal norms of competing legal systems - should also apply to situations where religious law and United States law collide. In adopting the criteria of the foreign compulsion defense, a religious compulsion defense would extract individuals from conflicts of law, protecting individuals in the throes of the most intractable of dilemmas.
Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck
Icsid Institutional Reform: The Evolution Of Dispute Resolution And The Role Of Structural Safegaurds, Susan Franck
Susan D. Franck
No abstract provided.
"Borrowing" Help? Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck
"Borrowing" Help? Using Conflicts Of Law To Aid Clients And Lawyers, Susan Franck
Susan D. Franck
No abstract provided.
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron
Charles H. Baron
In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …