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Articles 1 - 18 of 18
Full-Text Articles in Conflict of Laws
How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel
How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel
Cardozo Law Review
No abstract provided.
Redeeming Globalization Through Unfair Competition Law, Sean A. Pager, Eric Priest
Redeeming Globalization Through Unfair Competition Law, Sean A. Pager, Eric Priest
Cardozo Law Review
No abstract provided.
What's The [Irreparable] Harm?: Incentivizing Creativity Through Preliminary Injunctions In Copyright Law, Arielle Matza
What's The [Irreparable] Harm?: Incentivizing Creativity Through Preliminary Injunctions In Copyright Law, Arielle Matza
Cardozo Law Review
No abstract provided.
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Anchoring More Than Babies: Children's Rights After Obergefell V. Hodges, Susan Hazeldean
Cardozo Law Review
The Supreme Court's recent decision upholding a constitutional right to samesex marriage in Obergefell v. Hodges was a huge advance not just for LGBT Americans, but also for children. Obergefefl suggests children have a fundamental right to be raised by their parents without being demeaned or marginalized by the state. This has important implications for other vulnerable children, including U.S. citizen children with undocumented parents. This Article argues that deporting these children's parents contravenes their fundamental right to be raised by a loving parent, to equal protection of the law, and to remain in the United States as U.S. citizens. …
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
Customary International Law, The Separation Of Powers, And The Choice Of Law In Armed Conflicts And Wars, John C. Dehn
Cardozo Law Review
After over fourteen years of continuous armed conflict, neither courts nor commentators are closer to a common understanding of how, or the extent to which, international and U.S. law interact to regulate acts of belligerency by the United States. This Article articulates and defends the first normative theory regarding the general relationship of customary international law to the U.S. legal system that fully harmonizes Supreme Court precedent. It then applies this theory to customary international laws of war to articulate the legal framework regulating the armed conflicts of the United States. It demonstrates that the relationship of customary international law …
Health Exchange Federalism: Striking The Balance Between State Flexibility And Consumer Protection In Aca Implementation, Sam Solomon
Cardozo Law Review
No abstract provided.
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Cardozo Law Review
Recent research has shown that large companies select New York law and New York courts to govern disputes under commercial contracts. Because these parties make choice-of-law and forum selection decisions before conflicts arise, there is reason to believe that their preference for New York reflects an effort to select efficient terms. This Article compares New York's contract law with that of its most natural competitor, California. It turns out that New York strictly enforces bargains and displays little tolerance for efforts to rewrite deals ex post. California, in contrast, more willingly reforms contracts for reasons of fairness, equity, morality, or …
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Cardozo Law Review
No abstract provided.
The Flight To New York: An Empirical Study Of Choice Of Law And Choice Of Forum Clauses In Publicly-Held Companies' Contracts, Theodore Eisenberg, Geoffrey P. Miller
The Flight To New York: An Empirical Study Of Choice Of Law And Choice Of Forum Clauses In Publicly-Held Companies' Contracts, Theodore Eisenberg, Geoffrey P. Miller
Cardozo Law Review
We study choice of law and choice of forum in a data set of 2,882 contracts contained as exhibits in Form 8-K filings by reporting corporations over as six month period in 2002 for twelve types of contracts and a seven month period in 2002 for merger contracts. These material contracts likely are carefully negotiated by sophisticated parties who are well-informed about the contract terms. They therefore provide evidence of efficient ex ante solutions to contracting problems. In prior work examining merger contracts, acquiring firms incorporated in Delaware tended to select Delaware law or a Delaware forum to govern disputes …
Letter To Derrida/America, Anton Schütz
Conceptualizing Yahoo! V. L.C.R.A.: Private Law, Constitutional Review, And International Conflict Of Laws, Ayelet Ben-Ezer, Ariel L. Bendor
Conceptualizing Yahoo! V. L.C.R.A.: Private Law, Constitutional Review, And International Conflict Of Laws, Ayelet Ben-Ezer, Ariel L. Bendor
Cardozo Law Review
No abstract provided.
Indemnity, Liability, Insolvency, David Gray Carlson
Indemnity, Liability, Insolvency, David Gray Carlson
Cardozo Law Review
No abstract provided.
Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Law As Spontaneous Order, Nita Ghei, Francesco Parisi
Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Law As Spontaneous Order, Nita Ghei, Francesco Parisi
Cardozo Law Review
No abstract provided.
When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser
When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser
Cardozo Law Review
No abstract provided.
Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field
Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field
Cardozo Law Review
No abstract provided.
Delegation And Democracy: A Reply To My Critics, David Schoenbrod
Delegation And Democracy: A Reply To My Critics, David Schoenbrod
Cardozo Law Review
No abstract provided.
National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller
National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller
Cardozo Law Review
This Article contrasts how two leading competition law systems, the United States and the European Union ("EU"), have reacted to the growing internationalization of markets and the relative decline of the ability of any single jurisdiction to regulate transnational business behavior. For reasons unique to their respective histories, cultures, and politics, these two jurisdictions have adopted very different strategies for dealing with this problem.
Comment On Hans Baade’S The Gens De Couleur Of Louisiana: Comparative Slave Law In Microcosm, Morris S. Arnold
Comment On Hans Baade’S The Gens De Couleur Of Louisiana: Comparative Slave Law In Microcosm, Morris S. Arnold
Cardozo Law Review
Hans Baade invented colonial Louisiana legal history. Before he started doing research in the eighteenth-century records in New Orleans and elsewhere, virtually no serious historical work involving the judicial and notarial archives of colonial Louisiana had ever been done. Professor Baade also undertook years ago to trace the various French and Spanish statutory enactments that bore on Louisiana legal history, and this proved to be a virtually impenetrable mare's nest. Before Professor Baade began his work, most of what had been written about Louisiana's colonial legal past was both amateurish and antiquated. It should therefore come as no surprise that …