Conflict of Laws Commons^™

The American "Covenant Marriage" In The Conflict Of Laws, Peter Hay

ExpressO

Three states have adopted covenant marriage legislation, with similar bills pending in others. They seek a greater commitment of the spouses-to-be and mkake divorce more difficult. At the same time, other forms of partnerships are proposed in other states. To what extent can covenant-marriage legislate assure that it will be given in other states (interstate) or internationally? The suggested answer is: the divorcing U.S. forum applies its own law (covenant-law or non-covenant law), some foreign systems will apply the parties' home law (thus recognizing restrictions when a U.S. sister state would not).

Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Of Law As Spontaneous Order, Nita Ghei, Francesco Parisi

ExpressO

In a world with multiple, overlapping jurisdictions, any given litigation could be pursued in more than one forum. Different laws can yield different outcomes. This leads to parties selecting a forum percieved as favorable to file suit. This practice, also known as forum shopping, has been much criticized, and various reforms to the law of conflicts of law have been proposed as a way to reduce this practice. The article examines the inefficiencies associated with forum selection, and the alleged shortcomings in conflicts law as it currently exists. We argue that forum selection cannot be eliminated in a world with …

International Law Issues In Death Penalty Defense, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis

Articles

Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.

Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner

William & Mary Bill of Rights Journal

The Eleventh Amendment prohibits citizens from bringing actions in law or equity against individual states in federal courts. The Amendment does not address whether states are subject to federal jurisdiction for actions in admiralty in which both a shipwreck salvor and a state claim title to a shipwreck Analyzing applicable admiralty, federal, and common law in the context of Eleventh Amendment jurisprudence, this Note examines whether the states are subject to pure admiralty actions in federal court by citizen-salvors seeking either title to or reward for salvaging a shipwreck. The original intentions of admiralty law: rewarding salvors for their efforts, …

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.

Trade And Domestic Protection Of Endangered Species: Peaceful Coexistence Or Continued Conflict? The Shrimp-Turtle Dispute And The World Trade Organization, Terrence P. Stewart, Mara M. Burr

William & Mary Environmental Law and Policy Review

No abstract provided.

Wagging The Dog--If The State Of Hawaii Accepts Same-Sex Marriage Will Other States Have To?: An Examination Of Conflict Of Laws And Escape Devices , Rebecaa S. Paige

American University Law Review

No abstract provided.

Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman

William & Mary Law Review

No abstract provided.

National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller

Cardozo Law Review

This Article contrasts how two leading competition law systems, the United States and the European Union ("EU"), have reacted to the growing internationalization of markets and the relative decline of the ability of any single jurisdiction to regulate transnational business behavior. For reasons unique to their respective histories, cultures, and politics, these two jurisdictions have adopted very different strategies for dealing with this problem.

Comment On Hans Baade’S The Gens De Couleur Of Louisiana: Comparative Slave Law In Microcosm, Morris S. Arnold

Cardozo Law Review

Hans Baade invented colonial Louisiana legal history. Before he started doing research in the eighteenth-century records in New Orleans and elsewhere, virtually no serious historical work involving the judicial and notarial archives of colonial Louisiana had ever been done. Professor Baade also undertook years ago to trace the various French and Spanish statutory enactments that bore on Louisiana legal history, and this proved to be a virtually impenetrable mare's nest. Before Professor Baade began his work, most of what had been written about Louisiana's colonial legal past was both amateurish and antiquated. It should therefore come as no surprise that …

The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton

Articles

According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement Imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Westernbased human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution.

She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

Legal Realism, Lex Fori, And The Choice-Of-Law Revolution, Michael S. Green

Faculty Publications

No abstract provided.

Appointment Controversies And The Supreme Court, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Federalism, State Courts, And Section 1983, Gene R. Nichol

Faculty Publications

No abstract provided.

Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr

Faculty Publications

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary's use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues.

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

Faculty Publications

No abstract provided.

Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr

Faculty Publications

No abstract provided.

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

William & Mary Law Review

No abstract provided.

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman

Faculty Publications

No abstract provided.

The Choice Of Law Process: Territorialism And Functionalism, Jeffrey M. Shaman

William & Mary Law Review

No abstract provided.

Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller

Villanova Law Review (1956 - )

No abstract provided.

A Quarter Century Later - The Period Of Limitations For Rule 10b-5 Damage Actions In Federal Courts Sitting In Pennsylvania, H. Robert Fiebach, David M. Doret

Villanova Law Review (1956 - )

No abstract provided.

The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long

Villanova Law Review (1956 - )

No abstract provided.

Admiralty And Maritime Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Case For Certification, John A. Scanelli

William & Mary Law Review

No abstract provided.

The Erosion Of Lex Loci Delicti: Toward A More Rational Choice Of Tort Law

University of Richmond Law Review

Man is a gregarious animal. As such, he has historically sought the company of other men. He has organized his world into innumerable units-each with its own boundaries, each with its own laws. Once, when immobility and relative isolation characterized his existence, few legal complications arose from the policy differences that had been translated into the laws of his governments. His choice of law rules were relatively simple, predictable, and rigid. But as technology made Cairo as accessible as California-made international communication almost as practical as local conversation-the consequences of human interaction involved in- creasing interstate and international elements.