Conflict of Laws Commons^™

Analysis Of Marine Zone Management In Disputed Island Territories, Khomsin Khomsin, Danar Guruh Pratomo, Ayu Isnania Zahra

Journal of Environmental Science and Sustainable Development

Indonesia has 17,204 islands registered, named, and coordinated by Geospatial Information Agency (BIG). The number of islands can threaten maritime boundary disputes between provinces, districts, and cities. One of the disputes is the claim over Pulau Tujuh, which is mutually contested for ownership by the Province of Bangka Belitung and the Province of Riau Islands. This study aims to analyze the marine management zone of the Pulau Tujuh claim. It is carried out using the cartometric method. This study of regional boundaries refers to the Regulation of The Minister of Home Affairs of The Republic of Indonesia 141 of 2017, …

Midstream Contract Interpretation, Alan Schwartz, Simone M. Sepe

Notre Dame Law Review

This Article makes two original contributions to the contract interpretation and renegotiation literatures. First, we introduce an underexplored cause of renegotiation failure: party uncertainty regarding the type of court that will interpret their contract. Parties may predict differently how the applicable court will weigh facts, apply legal rules, or interpret contracts. When parties disagree regarding the court’s interpretive practices, they will assess their expected litigation payoffs differently. This could cause parties to litigate transactions rather than complete them, even when the parties agree on the economic parameters. Litigators know that differing predictions about what a court will do can impede …

Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang

Washington Law Review

Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson

Faculty Works

The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least once. As such, it is easy to see why the legal cannabis trade may generate annual revenues exceeding $30 billion in Fiscal Year 2022 alone.

One inconvenient truth, however, is that the parties to any cannabis trade may face a range of difficulties due to conflicts between federal and state laws. These difficulties include the fact that many financial institutions are reluctant to handle cannabis proceeds. One reason is that a lack of alignment in terms …

Tying Parallel Proceedings To Judgment Recognition: Harmonizing Cross-Border Dispute Resolution, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.

Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps

UNH Sports Law Review

No abstract provided.

Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein

UNH Sports Law Review

No abstract provided.

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.

Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool

UNH Sports Law Review

No abstract provided.

Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin

UNH Sports Law Review

No abstract provided.

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

To The Court Of Last Resort: A Prosecutorial Roadmap In The Aftermath Of State Violence In Chile And Colombia, David F. Scollan

University of Miami Inter-American Law Review

A great deal of academic research and writing has been done on the most glaring examples of war crimes and crimes against humanity. But, only a small cadre of authors have endeavored to identify the ‘lower limit’ of when state action qualifies as these heinous acts. This Note strives to add to that area of legal scholarship aimed at bringing instances of in-country state perpetrated violence out from the behind the veil of sovereign police action and into the spotlight to call them what they are: crimes worthy of international condemnation and punishment. Specifically, this Note unpacks two spasms of …

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal (1991 - )

No abstract provided.

(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets, James Hardman

University of Cincinnati Law Review

No abstract provided.

Recognition And Enforcement Of Foreign Court Judgments In Civil And Commercial Matters: An Indonesian Private International Law Perspective, Dinda Rizqiyatul Himmah, Justin Gabriel Wibisono

Indonesian Journal of International Law

One of the primary emphases of private international law is the recognition and enforcement of foreign judgments. It is believed as one of the private international law pillars which can attain the fulfillment of rights and obligations. For instance, in the realm of cross-border commercial transactions which enable contractual parties to settle their dispute before the foreign courts or other international dispute settlement bodies as they have agreed. Pertaining to the situation involving foreign courts, the recognition and enforcement of the delivered foreign judgments have been frequently challenging. As there are numerous discussions towards the recognition and enforcement of foreign …

Directed Trusts And The Conflict Of Laws, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

Directed trusts are an extremely important development in trust law, indeed truly transformative, because they challenge what was presumed to be the "irreducible core" of the trust.' That is, the trustee owes certain nonwaivable fiduciary obligations to the beneficiaries with regard to the management of the trust estate and also with respect to distributions.

The directed trust in its radical format, as found to a greater or lesser degree in Tennessee, Nevada, South Dakota, and Delaware, represents a fundamental assault on this irreducible core of trust law because, with respect to investments and distributions, new actors, known as trust advisers …

Rethinking Party Autonomy In Trust Law, Stewart E. Sterk

Articles

The article critiques the current approach to party autonomy in trust law, particularly the freedom granted by the Second Restatement of Conflict of Laws for settlors to choose the governing law for their trusts. The author argues that this freedom, rooted in historically uniform trust laws, is now outdated due to the diversification of state trust laws, especially regarding issues like perpetual trusts and asset protection. The analysis advocates for a more restrictive approach to party autonomy, prioritizing the settlor's domicile and home state policies to prevent manipulation and ensure fairness, particularly for third parties affected by trust arrangements.

A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers

Undergraduate Theses

From 1882 to 1968, the National Association for the Advancement of Colored People (NAACP) estimates that 4,743 lynching’s occurred in the U.S. While other organizations report a slightly different number, the harsh reality of terror and violence remains the same. These violent acts of murder were used as a mechanism by white mobs to promote terror and enforce control upon the black community. Despite the presence of terror and violence in our current society, little is taught about such history and the people who were murdered. Instead of an emphasis on the actual history and the lives lost, the emphasis …

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Law Faculty Publications

One of the most momentous actions taken by the United States Supreme Court in the last term was not deciding a case but granting review at the end of the term in Moore v. Harper, the North Carolina congressional redistricting case. This is the case in which the Supreme Court appears likely to adopt some version of the Independent State Legislature Doctrine (Doctrine). In this essay, I will describe the actual case and the Doctrine. But I will also be offering an alternative to the Doctrine, one that I believe achieves some of the goals that the Justices who …

The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace, Shawn J. Lalman

Doctoral Dissertations and Master's Theses

This study provides a synopsis of the following topics: the prospective limiters levied on cyber-warfare by present–day international legislation; significant complexities and contentions brought up in the rendering & utilization of International Humanitarian Legislation against cyber-warfare; feasible repercussions of cyber-warfare on humanitarian causes. It is also to be contended and outlined in this research study that non–state actors can be held accountable for breaches of international humanitarian legislation committed using cyber–ordnance if sufficient resources and skill are made available. It details the factors that prosecutors and investigators must take into account when organizing investigations into major breaches of humanitarian legislation …

Efektivitas Pelaksanaan Pemberian Pendidikan Formal Bagi Anak-Anak Pengungsi Luar Negeri Di Kota Batam, Rina Shahriyani Shahrullah, Heru Susetyo, Lu Sudirman, Rendi Sahputra

Jurnal Hukum & Pembangunan

The entire responsibility for all children in Indonesia lies with the government, and it extends to all children in Indonesia, not only those who are Indonesian nationals but also includes children who are refugees from foreign countries. One of the fundamental rights regulated by the laws and the Convention on the Rights of the Child ratified by Indonesia is the right to receive appropriate education (formal, non-formal, and informal education). This research aims to analyze the implementation of formal education fulfillment for refugee children in Batam City, especially those accommodated at Hotel Kolekta. Therefore, the research questions are as follows: …

Fugitive Pull: Applying The Fugitive Disentitlement Doctrine To Foreign Defendants, Zachary Z. Schroeder

Washington Law Review

Defendants force courts to decide whether to use judicial time and resources to hear a case when they either flee or refuse to submit to jurisdiction. Judges in the United States possess an exceptional discretionary power to deny access to the courts in these circumstances through the fugitive disentitlement doctrine. The fugitive disentitlement doctrine developed as federal common law and permits courts to exercise discretion in declining to hear appeals or motions from defendants classified as fugitives from justice.

Historically, the fugitive disentitlement doctrine was intended to prevent courts from wasting resources adjudicating cases when a defendant has fled and …

Kukin Program For Conflict Resolution Proudly Present: All Things Adr, Cardozo Adr Competition Honor Society, Cardozo Dispute Resolution Society, Cardozo Journal Of Conflict Resolution, Kukin Program For Conflict Resolution

2022–2023 Flyers

No abstract provided.

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.