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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 Nov 2015

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 Apr 2013

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 Feb 2013

Can Erie Survive As Federal Common Law?, Craig Green

William & Mary Law Review

No abstract provided.


Law's Dark Matter, Michael S. Green Feb 2013

Law's Dark Matter, Michael S. Green

William & Mary Law Review

No abstract provided.


Untethered Norms After Erie Railroad Co. V. Tompkins: Positivism, International Law, And The Return Of The "Brooding Omnipresence", Lea Brilmayer Feb 2013

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 Feb 2000

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 Oct 1997

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 May 1989

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 May 1982

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 Dec 1981

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 Dec 1980

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 Mar 1971

The Case For Certification, John A. Scanelli

William & Mary Law Review

No abstract provided.


Virginia Bastardy Laws: A Burdensome Heritage, Dominik Lasok Dec 1967

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 Mar 1967

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. May 1966

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 Jan 1966

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. Mar 1960

Book Review Of The Law Of Conflict Of Laws, Fred B. Devitt Jr.

William & Mary Law Review

No abstract provided.