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Articles 121 - 124 of 124
Full-Text Articles in Conflict of Laws
Simplifying Choice-Of-Law Interest Analysis, Luke Meier
Simplifying Choice-Of-Law Interest Analysis, Luke Meier
Oklahoma Law Review
No abstract provided.
Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans
Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans
Faculty Publications
Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have acknowledged that canons of interpretation are often based on erudite assumptions of how Congress drafts federal statutes. But a recent surge in legal realism has shown just how erroneous many of these assumptions are. Scholars have created a robust study of congressional practices that challenge many formalist canons of interpretation that are divorced from how Congress thinks about, drafts, and enacts federal statutes. This conversation, however, has yet to confront statutory incorporation, which describes when Congress incorporates state law into …
The Extraterritorial Reach Of Section 10(B): A Wolf Hunt Off Wall Street, Radley Gillis
The Extraterritorial Reach Of Section 10(B): A Wolf Hunt Off Wall Street, Radley Gillis
Emory Law Journal
Born to combat the market effects of the Great Depression, the Securities Exchange Act of 1934 protects American investors and maintains American confidence in the U.S. securities market. These objectives are largely accomplished through the imposition of liability from Section 10(b) of the Securities Exchange Act and the SEC’s Rule 10b-5. These federal laws impose civil and criminal penalties for domestic insider trading and securities fraud violations. Because Section 10(b) and Rule 10b-5 only apply domestically, when securities violations occur both within the United States and abroad, the reach of federal law becomes questionable, leaving federal courts with a complex …
Extraterritoriality And Conflict Of Laws, Anthony J. Colangelo
Extraterritoriality And Conflict Of Laws, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
This Article views the modern federal presumption against the extraterritoriality of U.S. law through the lens of conflict of laws. It argues that the presumption makes many of the same mistakes that conflict methodologies have already made, and sometimes the mistakes are worse. It then proposes a way to harmonize federal extraterritoriality and state choice of law to identify a superior approach to both.