Conflict of Laws Commons^™

Posteriores Priores: An Unconstitutional Congressional Role In Treaty Termination, Donna D. Mckeage

Maine Law Review

The Supreme Court recently decided a case involving an apparent conflict between a treaty provision and a subsequent act of Congress. A Japanese subsidiary corporation, Sumitomo Shoji America, Inc., claimed a provision of the Treaty of Friendship, Commerce, and Navigation of 1953 between the United States and Japan exempted it from the prohibition against discrimination embodied in title VII of the Civil Rights Act of 1964. The Court did not reach this issue because it found Sumitomo Shoji America, Inc. to be a United States corporation and unable, therefore, to invoke the provisions of the treaty. The issue raised in …

Home Rule And The Pre-Emption Doctrine: The Relationship Between State And Local Government In Maine, Robert W. Bower Jr.

Maine Law Review

The legal relationship between a state government and a municipal government determines the powers and responsibilities of these two political entities. In Maine this relationship is complex and uncertain due to ambiguities in the constitutional and statutory scheme governing it and due to the Maine Supreme Judicial Court's narrow and inconsistent interpretation of that scheme. This Comment discusses the various methods for delegating power to municipalities, including the traditional method which was used in Maine prior to 1970. In addition, this Comment examines the "home rule" scheme enacted in 1970 and its subsequent judicial interpretation and application. Any statutory or …

Bouford V. Bath Iron Works: Defining Double Recovery Under State And Federal Compensation Laws For Maritime Workers, John Arthur Mccauley

Maine Law Review

In Bouford v. Bath Iron Works Corp., the Maine Supreme Judicial Court, sitting as the Law Court, held that an employer is not entitled to credit disability payments made under the federal Longshore and Harbor Workers' Compensation Act (LHWCA) against a subsequent obligation to pay a permanent impairment award for the same injury under the Maine Workers' Compensation Act (MWCA). While adhering to the principle against "double recovery" by employees in cases in which there is concurrent jurisdiction of federal and state compensation schemes, the Law Court reasoned that state permanent impairment awards are not duplicative of LHWCA disability benefits …

Dissell V. Trans World Airlines: Constitutional Limitations On The Workers' Compensation Commission's Subject-Matter Jurisdiction, Patricia A. Nelson-Reade

Maine Law Review

To rule upon a workers' compensation claim, the Maine Workers' Compensation Commission must determine that it has both personal and subject-matter jurisdiction. Personal jurisdiction is determined by applying Maine's "long-arm" statute. Subject-matter jurisdiction derives from the Commission's status as an administrative agency authorized to administer the Maine Workers' Compensation Act (MWCA). Although subject-matter determination generally involves a choice-of-law issue, in a workers' compensation claim having extraterritorial aspects, the Commission is not free to apply the compensation acts of other states that have contacts with the claim. Rather, the Commission may determine only if it has authority under the MWCA to …

Does The Loss Of Chance Doctrine Have A Chance In International Sport Arbitration?, Dmitry A. Pentsov

Brooklyn Journal of International Law

The Article analyzes whether and, if so, how, the loss of chance doctrine providing the basis for claims against person who deprived victims of a chance of occurrence of a certain result or decreased this chance could be used in international sport arbitration at the Court of Arbitration for Sport (CAS). It provides a comparative analysis of applicability of this doctrine under English law, French law, and the law of the State of New York to sport competitions and outlines potential problems of utilizing this doctrine in the CAS arbitration through domestic law based on choice-of-law rules. The Article argues …

Is Mediation A Sleeping Beauty, Cardozo Journal Of Conflict Resolution

2024–2025 Flyers

No abstract provided.

Please Join Us At Cardozo School Of Law For A Weekend Of Kukin Program Events!, Kukin Program For Conflict Resolution

2024 Event Invitations

• A Peace Gala in Honor of Professor Lela P. Love
• The Cardozo Journal of Conflict Resolution Melnick Symposium
• The Cardozo Invitational Negotiation in Entertainment Arts and Media (CINEMA)

Join us for a dinner celebration in honor of Professor Love, Founding Director of the Kukin Program for Conflict Resolution. In 1985, she founded Cardozo's Mediation Clinic—one of the first clinical programs to train law students to serve as mediators. Love has served as mediator, arbitrator and dispute resolution consultant in community, employment, family, human rights, school-based and commercial cases. An active educator and participant in dispute resolution activities, she regularly conducts …

Correcting 50 Years Of Confusion On The Lmra Preempting Or Precluding Rico: A Missed Opportunity, Connor Bernard

Chicago-Kent Law Review

No abstract provided.

From Natural Law To Legal Realism: Legal Philosophy, Legal Theory, And The Development Of American Conflict Of Laws Since 1830, Bruce Wardhaugh

Maine Law Review

There has been an alleged "revolution” in American conflict of laws during the past sixty or so years. Yet, like most revolutions in intellectual pursuits, this revolution did not arise ex nihilo. Indeed, the revolution can be correlated with a change in the manner in which both law and legal reasoning have come to be viewed by members of the legal profession in the twentieth century. It is this correlation that the present article explores. In particular, this article demonstrates the effect that the legal realist movement has had in the way conflict of laws problems have come to be …

Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab

Jurnal Hukum & Pembangunan

The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …

Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat

Jurnal Hukum & Pembangunan

Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …

Tinjauan Yuridis Pemberian Wilayah Izin Usaha Pertambangan Khusus Kepada Badan Usaha Milik Organisasi Kemasyaraktan Keagamaan Tanpa Mekanisme Lelang, Fajar Hidayansyah Ilham, Marchellina Shagyna Anggraeni

Jurnal Hukum & Pembangunan

Natural resources is one of the essential aspects of life and human existence. Indonesia is known as a country with abundant natural resources. Therefore, their management must be conducted transparently to prevent corruption and ensure that natural resources are managed in the most efficient and beneficial way fore the community. If natural resources controlled by the state are not managed based on principles reflecting justice, there is a potential that the benefits will only be enjoyed by a small group of people. The mechanism of granting Special Mining Business Permits (WIUPK) through auction is one way to embody the principles …

Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini

Jurnal Hukum & Pembangunan

Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …

Cjcr Publishes Volume 25, Issue 3 (Summer 2024), Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 3 (Summer 2024). The print edition of the issue has also been released.

Accessible at Volume 25.3: Summer 2024, this issue contains Articles by Rachel Ringort, Ayelet Sela, Roselle L. Wissler, and Art Hinshaw, and Notes by Shifra Ben-Jacob, Eliott Dosetareh, Daniel Hyungtae Kim, and Jillian Leavey.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 4, 2024.

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

The Brink Of War: How Courts Avoid Injudicious Aggravation Of Tension Between Nations, Vivian M. Williams

Publications and Research

As armed conflict between nations is keeping the world on edge, there is an urgent need for courts to be more aware of how disputes before them could aggravate tension between nations. Courts exercise the sovereign powers of a country. However, there is greater overlap in an interconnected global economy where cross-border transactions are frequent. When these disputes involve state parties or pertain to acts of other states, they could make it difficult for the Executive branch of government to manage relations with hostile countries. This article examines how the doctrines of comity and judicial deference could be utilized by …

Meninjau Alasan “Tidak Dipenuhinya Kuota Domestic Market Obligation” Sebagai Dasar Pencabutan Izin Usaha Pertambangan Batubara, Zaki Priambudi, Bima Rico Pambud, M. Ghifari Fardhana Bahar, Rivan Hidayat

Jurnal Hukum & Pembangunan

The revocation of 2,078 Mining Business Licenses (IUP) on January 10, 2022, some of which was based on non-compliance with the Domestic Market Obligation (DMO) policy, is alleged to have been conducted arbitrarily, without regard for the principles and procedures of licensing management. Therefore, this research aims to analyze two legal issues: (1) Whether the revocation of the IUPs belonging to coal mining business entities that failed to meet the DMO quota by the Minister of Investment/Head of the Investment Coordinating Board (Head of BKPM) is a lawful decision; (2) What are the legal consequences of revoking the coal IUPs …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws, Walker Mckusick

Washington Law Review

In the current moment of interstate friction over abortion, the penal judgment exception poses a barrier against interstate enforcement of bounty laws. A doctor who prescribes a medicated abortion to a Texas patient may be exposed to civil liability—even in faraway Washington State. A Washington court asked to enforce a Texas judgment against the doctor is subject to the Full Faith and Credit Clause. Article IV, Section 1 of the United States Constitution mandates that each state give full faith and credit to judgments rendered in sister states. Under Texas Senate Bill 8 (S.B. 8), any member of the public …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Minor Exploitation And Regulatory Shortfalls: Safeguarding Children’S Data In The Age Of Modern Technology, Kaylee Lahti

Theses/Capstones/Creative Projects

This paper looks into the issue of minors in the era of social media and seeks to answer the question: how can regulations help to protect children’s privacy in the age of social networks? To do this, this paper will start by exploring the privacy issues that have arisen amongst minors in the modern age and the lack of accountability for social networking companies. It will then look at the current regulations related to this issue and see where these regulations have fallen short. Next, possible regulatory solutions to this issue will be explored, including looking at current laws that …

Slapp-Ed Around: Examining The Use Of State Anti-Slapp Laws In Federal Cases, Jacob Dryer

Senior Honors Theses

This thesis explains Strategic Lawsuits Against Public Participation (SLAPPs) and examines the applicability of state anti-SLAPP laws in federal cases. Currently, the Federal Circuits are split on this issue, and the United States Supreme Court has not granted certiorari to any cases that have addressed this issue. This thesis reviews the jurisprudence related to the application of state anti-SLAPP laws in federal court. The author further examines what the Circuits have held about the applicability of anti-SLAPP laws and the rationales of each decision. Based on this information, this thesis argues that if the U.S. Supreme Court were to hear …

Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James

The Journal of Purdue Undergraduate Research

No abstract provided.

Decentralizing The Nigerian Police Force: A Plausible Approach To Hinterland Securities, Amobi P. Chiamogu, Uchechukwu P. Chiamogu

Journal of African Conflicts and Peace Studies

The structure of the Nigerian police has overtime depicted a centralized composition that negate principles of power sharing in a federal system of government. The complexities and diverse nature of policing in Nigeria remains the bane to effective and virile administration and management of the organization. The office of the Commissioner of Police vis-à-vis those of State Governors spell contradictions in power configuration from both the Constitution and the Police Act. The enactment of vigilante services and neighbourhood watches by state governments are indicative of a failing security system especially at the component units of the Nigerian federation. The hinterlands …