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Articles 31 - 40 of 40
Full-Text Articles in Conflict of Laws
The Concept Of Special Custom In International Law, Anthony D'Amato
The Concept Of Special Custom In International Law, Anthony D'Amato
Faculty Working Papers
General customary international law contains rules, norms, and principles that seem applicable to any state and not to a particular state or an exclusive grouping of states. For example, norms relating to the high seas, to airspace and outer space, to diplomatic immunities, to the rules of warfare, and so forth, apply equally to all states having occasion to be concerned with these areas. Similarly, the facts of a given case may suggest exclusively the application of general custom—such as cases concerning collision on the high seas between ships of different countries, cases involving general principles of international law, cases …
Tort Law Is State Law: Why Courts Should Distinguish State And Federal Law In Negligence-Per-Se Law, Barbara Kritchevsky
Tort Law Is State Law: Why Courts Should Distinguish State And Federal Law In Negligence-Per-Se Law, Barbara Kritchevsky
American University Law Review
No abstract provided.
The Relationship Between Erisa, State And Local Health Care Experimentation, And The Passage Of National Health Care Reform, Christopher J. Frankenfield
The Relationship Between Erisa, State And Local Health Care Experimentation, And The Passage Of National Health Care Reform, Christopher J. Frankenfield
Journal of Health Care Law and Policy
No abstract provided.
The Procedural Foundation Of Substantive Law, Thomas O. Main
The Procedural Foundation Of Substantive Law, Thomas O. Main
Scholarly Works
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive mandate. Yet the substance-procedure dichotomy encourages us to treat procedural systems as essentially fungible-leading to a problem of mismatches between substantive law and unanticipated procedures. I locate this argument about …
The Irrepressible Influence Of Byrd, Richard D. Freer, Thomas Arthur
The Irrepressible Influence Of Byrd, Richard D. Freer, Thomas Arthur
Faculty Articles
We set forth four interrelated theses in this article. First, Byrd is the only Supreme Court case since Erie itself to discuss all three of the core interests balanced, expressly or not, in every vertical choice of law case. Second, because Hanna's "twin aims" test ignores two of these three core interests, it cannot adequately serve as the standard for cases under the Rules of Decision Act ("RDA"). This fact is evidenced by the Court's eschewing the twin aims test in cases, like Gasperini, where state and federal interests must be accommodated. Third, as all three opinions in …
"Give Me Your Tired, Your Poor, Your Huddled Masses," But Not Your Homosexual Partners: International Solutions To America's Same-Sex Immigration Dilemma, Matthew J. Hrutkay
"Give Me Your Tired, Your Poor, Your Huddled Masses," But Not Your Homosexual Partners: International Solutions To America's Same-Sex Immigration Dilemma, Matthew J. Hrutkay
Cardozo Journal of International and Comparative Law
The note argues that U.S. immigration law, despite its emphasis on family unification, excludes same-sex couples due to the Defense of Marriage Act (DOMA), creating a conflict between policy goals and legal realities. It proposes that international models, such as those from Australia and Canada, offer viable solutions to reconcile this dilemma while addressing conservative concerns about federal recognition of same-sex marriage.
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier
Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
The Third Time Is Not Always A Charm: The Troublesome Legacy Of A Dutch Art Dealer-The Limitation And Act Of State Defenses In Looted Art Cases, Bert Demarsin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin
Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin
Richmond Journal of Global Law & Business
No abstract provided.
International Law In Domestic Courts: A Conflict Of Laws Approach, Ralf Michaels, Karen Knop, Annelise Riles
International Law In Domestic Courts: A Conflict Of Laws Approach, Ralf Michaels, Karen Knop, Annelise Riles
Faculty Scholarship
The relationship between international law and domestic law is rarely understood as a conflict of laws. Understanding it in this way opens up a parallel with the field of conflict of laws: the field for which the relationship between legal systems, especially the role of another system's jurisdiction, laws, and judgments vis-à-vis the domestic legal system, are exactly the bread-and-butter issues. We argue for such an approach to international law in domestic courts: an approach that we elaborate as "theory through technique." In our view, conflicts should be seen broadly as the discipline that developed to deal with conflicts between …