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- Conflict of Laws (14)
- Jurisdiction (5)
- Erie Railroad v. Tompkins (304 U.S. 64 (1938)) (3)
- Federalism (3)
- Personal Jurisdiction (3)
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Articles 1 - 17 of 17
Full-Text Articles in Conflict of Laws
Personal Jurisdiction Based On The Local Effects Of Intentional Misconduct, Allan Erbsen
Personal Jurisdiction Based On The Local Effects Of Intentional Misconduct, Allan Erbsen
William & Mary Law Review
Intentional misconduct frequently has extraterritorial consequences. Terrorist attacks, toxic pollution, civil rights violations, and other intentional torts can cause harm within a state despite originating outside the state. Those harms raise a vexing constitutional question: when do the local effects of intentional wrongdoing authorize personal jurisdiction over a defendant whose conduct occurred outside the forum? The answer has several significant implications. Granting or denying jurisdiction can support or undermine regulatory interests by allocating power between states, imposes burdens on the parties that can impede access to justice, and alters risk assessments that shape both socially desirable and socially destructive behavior.
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii
William & Mary Law Review
Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling for the globalization of U.S. law since the late 1980s as part of a transnational litigation narrative.
Through doctrinal and empirical analysis, this Article argues that a U.S. court should have power to exercise personal jurisdiction over an alien defendant not served with process within a state’s borders when (1) the defendant has received constitutionally adequate notice, (2) the state has a constitutionally sufficient …
Can Erie Survive As Federal Common Law?, Craig Green
Can Erie Survive As Federal Common Law?, Craig Green
William & Mary Law Review
No abstract provided.
Law's Dark Matter, Michael S. Green
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer
William & Mary Law Review
No abstract provided.
Admiralty And Federalism In The Wake Of Yamaha Motor Corp., Usa V. Calhoun: Is Yamaha A Cry By The Judiciary For Legislative Action In State Territorial Waters?, David R. Lapp
William & Mary Law Review
No abstract provided.
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman
William & Mary Law Review
No abstract provided.
Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner
Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner
William & Mary Law Review
No abstract provided.
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid
William & Mary Law Review
No abstract provided.
Choice Of Law And The State's Interest In Protecting Its Own, John Hart Ely
Choice Of Law And The State's Interest In Protecting Its Own, John Hart Ely
William & Mary Law Review
No abstract provided.
The Choice Of Law Process: Territorialism And Functionalism, Jeffrey M. Shaman
The Choice Of Law Process: Territorialism And Functionalism, Jeffrey M. Shaman
William & Mary Law Review
No abstract provided.
The Case For Certification, John A. Scanelli
The Case For Certification, John A. Scanelli
William & Mary Law Review
No abstract provided.
Virginia Bastardy Laws: A Burdensome Heritage, Dominik Lasok
Virginia Bastardy Laws: A Burdensome Heritage, Dominik Lasok
William & Mary Law Review
No abstract provided.
Conflicts Of Law - Torts - Policy Considerations, Clark V. Clark, 22 A.2d 205 (N.H. 1966), Robert A. Hendel
Conflicts Of Law - Torts - Policy Considerations, Clark V. Clark, 22 A.2d 205 (N.H. 1966), Robert A. Hendel
William & Mary Law Review
No abstract provided.
Lex Loci Delicti And Babcock V. Jackson, R. Harvey Chappell Jr.
Lex Loci Delicti And Babcock V. Jackson, R. Harvey Chappell Jr.
William & Mary Law Review
No abstract provided.
Party Autonomy In Contracts Specifying Foreign Law, Robert Johnston
Party Autonomy In Contracts Specifying Foreign Law, Robert Johnston
William & Mary Law Review
No abstract provided.
Book Review Of The Law Of Conflict Of Laws, Fred B. Devitt Jr.
Book Review Of The Law Of Conflict Of Laws, Fred B. Devitt Jr.
William & Mary Law Review
No abstract provided.