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Articles 61 - 77 of 77
Full-Text Articles in Conflict of Laws
The Iron Law Of Full Faith And Credit, William L. Reynolds
The Iron Law Of Full Faith And Credit, William L. Reynolds
Faculty Scholarship
No abstract provided.
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Faculty Scholarship
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Faculty Scholarship
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Dispute Over The United States’ Denial Of A Visa To Yasir Arafat, Sadiq Reza
Dispute Over The United States’ Denial Of A Visa To Yasir Arafat, Sadiq Reza
Faculty Scholarship
On November 26, 1988, the United States denied a visa to Yasir Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization (PLO), when he sought to enter the United States to attend the forty-third session of the United Nations (UN) in New York. The denial rekindled a forty-year-old dispute between the United States and the UN over the extent to which the United States may, under the terms of the Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations (Headquarters Agreement), restrict entry to persons seeking to enter the …
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce
To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce
Faculty Scholarship
This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel
Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel
Faculty Scholarship
Last August, the American Bar Association adopted the Model Rules of Professional Conduct which significantly altered the ABA' position on lawyer advertising. It is still unclear how the states will respond to the ABA's new position, and the debate about the propriety of lawyer advertising continue. In the authors' view, both sides of the debate have overlooked an important point: For purposes of analyzing the advertising problem, legal services are of two types, and the effect of advertising on the legal services market will vary with the type of service involved."Individualized" services involve legal matters that pose a significant risk …
Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris
Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris
Faculty Scholarship
The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …
International Products Liability Litigation: Choosing The Applicable Law, William W. Park
International Products Liability Litigation: Choosing The Applicable Law, William W. Park
Faculty Scholarship
Growth in transnational commerce and travel has substantially increased the cases in which injury-causing products have significant contacts with more than one state. A defective automobile is manufactured in Italy, by an Italian company, and exported to France; it is purchased by a French student who drives it to Oxford, where a defect in the steering causes an accident and injury. Or, an Englishman on a business trip to Italy buys a box of Swiss chocolate, eats the candy during a stopover in Paris, and falls ill on arrival back in London; as a result of the illness, he is …
Conflict Of Laws In Damage Suits Related To Workmen’S Compensation Cases, Arthur Larson
Conflict Of Laws In Damage Suits Related To Workmen’S Compensation Cases, Arthur Larson
Faculty Scholarship
No abstract provided.
Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski
Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski
Faculty Scholarship
No abstract provided.
Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski
Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski
Faculty Scholarship
No abstract provided.
Interests And Policy Clashes In Conflict Of Laws, Robert Kramer
Interests And Policy Clashes In Conflict Of Laws, Robert Kramer
Faculty Scholarship
No abstract provided.
"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern
"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern
Faculty Scholarship
In deciding a conflict of laws question, a judge will sometimes say, "The foreign law ordinarily applicable will not be applied in this case because to do so would violate our public policy." The textwriters, language in the cases, and the Restatement agree: the "normal" operation of choice of law rules is subject to a "public policy" limitation. This paper is an attempt to explore the meanings and significance of "public policy," used in this general way, in the conflict of laws.
Enforcing Federal Supremacy: Relief Against Federal-State Regulatory Conflicts, William W. Schwarzer
Enforcing Federal Supremacy: Relief Against Federal-State Regulatory Conflicts, William W. Schwarzer
Faculty Scholarship
No abstract provided.