Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1326)
- Courts (1201)
- Comparative and Foreign Law (1166)
- Business Organizations Law (1141)
- Criminal Law (1141)
-
- Civil Law (1138)
- Human Rights Law (1135)
- International Trade Law (1124)
- Administrative Law (1114)
- Internet Law (1110)
- Criminal Procedure (1094)
- Rule of Law (1083)
- Antitrust and Trade Regulation (967)
- Legal Education (967)
- Natural Resources Law (935)
- Energy and Utilities Law (932)
- Air and Space Law (927)
- Agriculture Law (921)
- Election Law (921)
- International Law (676)
- State and Local Government Law (510)
- Jurisdiction (499)
- Contracts (467)
- Civil Procedure (444)
- Torts (440)
- Family Law (413)
- Legislation (413)
- Jurisprudence (412)
- Institution
-
- Universitas Indonesia (889)
- University of Michigan Law School (266)
- Seattle University School of Law (200)
- Yeshiva University, Cardozo School of Law (91)
- Vanderbilt University Law School (90)
-
- Maurer School of Law: Indiana University (59)
- University of Georgia School of Law (59)
- Northwestern Pritzker School of Law (55)
- Washington and Lee University School of Law (53)
- University at Buffalo School of Law (47)
- West Virginia University (46)
- William & Mary Law School (45)
- Villanova University Charles Widger School of Law (40)
- BLR (34)
- University of Kentucky (34)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (32)
- Duke Law (31)
- University of Maryland Francis King Carey School of Law (29)
- Wayne State University (28)
- DePaul University (26)
- Touro University Jacob D. Fuchsberg Law Center (25)
- Association of American Law Schools (24)
- Cornell University Law School (24)
- Fordham Law School (22)
- Brooklyn Law School (17)
- UIC School of Law (17)
- American University Washington College of Law (16)
- Mercer University School of Law (16)
- Osgoode Hall Law School of York University (15)
- Singapore Management University (15)
- Keyword
-
- Conflict of laws (245)
- Conflict of Laws (149)
- Jurisdiction (101)
- Choice of law (87)
- International law (81)
-
- Constitutional law (42)
- International Law (42)
- Conflicts of law (private international law) (39)
- Contracts (34)
- Divorce (31)
- Law (30)
- Federalism (29)
- Torts (26)
- Courts (24)
- Constitutional Law (23)
- Supreme Court (23)
- Conflicts of law (22)
- Private international law (22)
- Constitution (21)
- Due process (21)
- Corporations (20)
- Sovereignty (19)
- Copyright (18)
- Domicile (18)
- Negligence (18)
- Arbitration (17)
- Damages (17)
- Evidence (17)
- New York (17)
- Conflict of law (16)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (737)
- Michigan Law Review (227)
- Seattle University Law Review (196)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (124)
- Faculty Scholarship (77)
-
- Vanderbilt Law Review (65)
- Georgia Journal of International & Comparative Law (44)
- Washington and Lee Law Review (44)
- West Virginia Law Review (44)
- Buffalo Law Review (43)
- Faculty Working Papers (40)
- ExpressO (34)
- Articles by Maurer Faculty (32)
- Kentucky Law Journal (32)
- Articles (31)
- Villanova Law Review (1956 - ) (30)
- Faculty Publications (29)
- Law Faculty Research Publications (28)
- DePaul Business & Commercial Law Journal (26)
- Journal of Legal Education (24)
- Touro Law Review (21)
- Indiana Law Journal (20)
- Cornell Law Faculty Publications (19)
- Vanderbilt Journal of Transnational Law (19)
- Cardozo Law Review (18)
- Maryland Law Review (18)
- Indonesian Journal of International Law (17)
- Scholarly Works (17)
- William & Mary Law Review (17)
- Mercer Law Review (16)
- Publication Type
Articles 1861 - 1890 of 2756
Full-Text Articles in Conflict of Laws
Water Law And Its Role In Closing The Nuclear Fuel Cycle, Richard A. Rawson
Water Law And Its Role In Closing The Nuclear Fuel Cycle, Richard A. Rawson
Nevada Law Journal
No abstract provided.
Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Law As Spontaneous Order, Nita Ghei, Francesco Parisi
Adverse Selection And Moral Hazard In Forum Shopping: Conflicts Law As Spontaneous Order, Nita Ghei, Francesco Parisi
Cardozo Law Review
No abstract provided.
Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller
UIC John Marshall Journal of Information Technology & Privacy Law
With the increasing use of the Internet, all on-line users, web site owners, e-commerce companies and consumers alike, feel the need to be able to rely on clear standards for a potential contract or tort lawsuit following the Internet presence that could lead to multinational litigation. This goal could be achieved if the negotiations of the Hague Convention on international jurisdiction and enforcement of foreign judgments in civil and commercial matters succeed in harmonizing the rules of the different legal systems around the globe, or at least create a minimum standard for legal cases which would benefit greatly e-commerce and …
Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd
Medical Marijuana And Personal Autonomy, 37 J. Marshall L. Rev. 1253 (2004), Andrew J. Boyd
UIC Law Review
No abstract provided.
Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota
UIC Law Review
No abstract provided.
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel
Faculty Scholarship
No abstract provided.
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
A Legacy Of Public Law 280: Comparing And Contrasting Minnesota’S New Rule For The Recognition Of Tribal Court Judgments With The Recent Arizona Rule, Kevin K. Washburn, Chloe Thompson
William Mitchell Law Review
Tribal court dockets across the country have been growing steadily, and tribal courts are becoming an important part of the judicial fabric of the United States. To acknowledge this reality, state courts and legislatures across the United States have begun to address the important issues of how and whether to recognize tribal court judgments in state courts. The Minnesota Supreme Court adopted a rule that took effect in January of 2004 that provides guidelines for the recognition and enforcement of tribal court orders and judgments. The Minnesota Supreme Court Rule on the Recognition and Enforcement of Tribal Court Orders and …
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Retroactivity: What Can We Learn From The Odd Case Of Michael Skakel, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis
On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis
Law Faculty Scholarly Articles
Conflicts scholars and jurists for centuries have sought an answer to the question of "what law controls?" by balancing a number of considerations. Chief among those considerations are the legitimate political and policy concerns of conflicting sovereigns. This article analyzes the Supreme Court's recent preemption decisions with an understanding of these theories and their underlying considerations. That analysis reveals that the Court's recent preemption decisions incorporate two modem conflict of laws theories: Governmental Interest Analysis and its corollary, Comparative Impairment. Each of these theories builds on the notion that a choice of law analysis should be motivated by selecting the …
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Articles by Maurer Faculty
No abstract provided.
The Treaty Power And The Patent Clause: Are There Limits On The United States' Ability To Harmonize?, Timothy R. Holbrook
The Treaty Power And The Patent Clause: Are There Limits On The United States' Ability To Harmonize?, Timothy R. Holbrook
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.
The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.
University of Richmond Law Review
No abstract provided.
Book Review. After The Revolution, Gene R. Shreve
Book Review. After The Revolution, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Mediation: Ein Meta Modell, Nadja Alexander
Mediation: Ein Meta Modell, Nadja Alexander
Research Collection Yong Pung How School Of Law
The Mediation Meta-Model introduced in this article provides a framework for understanding a range of mediation practice models and their relationship to each other and to other ADR processes. It extends the work of Riskin in two ways: first by revising the dimensions of his original Grid to form a Mediation Meta-Model and second, by identifying and labeling a range of practice models within this Meta-Model. The practice models draw from Boulle\u27s work and extend Boulle\u27s four primary models to five. This Meta-Model is developmental insofar as it has the ability to accommodate emerging and changing practice models of mediation. …
“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone
“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone
ExpressO
No abstract provided.
The American "Covenant Marriage" In The Conflict Of Laws, Peter Hay
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
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 …
A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White
A Clash Of Expectations: Debtors' Disclaimers Of Property In Advance Of Bankruptcy, Kevin A. White
Washington and Lee Law Review
No abstract provided.
The Choice-Of-Law Revolution In The United States: Notes On Rereading Von Mehren, Gary J. Simson
The Choice-Of-Law Revolution In The United States: Notes On Rereading Von Mehren, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait
Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait
Cardozo Journal of International and Comparative Law
The doctrine of renvoi, which requires courts to consider both the internal laws and conflict of laws rules of a foreign jurisdiction, has been a contentious issue in New York courts. While cases like In re Tallmadge rejected renvoi due to concerns of creating an endless cycle, In re Schneider embraced it, emphasizing the need to apply the whole law of the foreign jurisdiction. Modern approaches aim to integrate renvoi into interest analysis, focusing on practical applications to ascertain foreign interests accurately and promote reciprocity, while addressing concerns about sovereignty and forum shopping.
Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards
Into The Abyss: How Party Autonomy Supports Overreaching Through The Exercise Of Unequal Bargaining Power, 36 J. Marshall L. Rev. 421 (2003), Pamela Edwards
UIC Law Review
No abstract provided.
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Enforcement Of Foreign Judgements, The First Amendment, And Internet Speech: Notes For The Next Yahoo! V. Licra, Molly S. Van Houweling
Michigan Journal of International Law
The Article begins with a review of the relevant rules governing enforcement of foreign judgments in the United States. Part II explains how courts have unpersuasively applied these rules when refusing to enforce foreign libel judgments. Part III then explains how the Yahoo! court adopted much of this faulty reasoning. Finally, Part IV explains the considerations that better justify judicial refusal to enforce speech-restrictive foreign judgments, especially those triggered by Internet speech. The Article concludes that the prospect that U.S. Internet speakers will choose to speak only to a U.S. audience-even when their speech would be legal everywhere-is the most …
Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt
Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt
Michigan Journal of International Law
This Article furthers this comparison of cyberconflicts and the real world, attempting to ascertain what lessons, if any, can be drawn from it. Part I of the Article explores the interests at stake in cyberconflicts and the relationship between technology and the law. Part II uses the French Yahoo! court's decision to show that real-world conceptions of prescriptive jurisdiction retain their legitimacy in cyberspace. Finally, Part III notes that the prospect of near perfect compliance offered by Internet technology provides the opportunity to engineer mature, well-calibrated solutions to international regulatory conflicts, which might then even serve as a model in …
The Need For Comity: A Proposal For Federal Court Review Of Suppression Issues In The Dual Sovereignty Context After The Antiterrorism And Effective Death Penalty Act Of 1996, Carrie M. Bowden
Washington and Lee Law Review
No abstract provided.
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Introduction: The Yahoo! Case And Conflict Of Laws In The Cyberage, Mathias Reimann
Michigan Journal of International Law
Three years ago, two French public interest groups, La Ligue Contre le Racisme et L'Antisemitisme (LICRA) and LUnion des Etudiants Juifs De France (UEJF), sued Yahoo! Inc., a Delaware corporation headquartered near Santa Barbara, California, in the Tribunal de Grande Instance in Paris. The undisputed facts underlying the complaint were that: Yahoo! Inc. operated, inter alia, an auction website on which various Nazi memorabilia (such as flags, stamps, and military souvenirs) were offered for sale; the respective Yahoo! Inc. website was accessible in France; and the display of the Nazi memorabilia was illegal under French law. The French plaintiffs sought …
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Michigan Journal of International Law
Instead of attacking or defending the French or the U.S. courts, this Article proposes to focus on the Yahoo! case from a different perspective. As is argued in Section III.D below, disputes like the Yahoo! case over which country's laws apply to a website and its operator seem likely to proliferate as Internet usage expands, demanding significant enforcement resources from countries and posing important compliance challenges for companies and other organizations operating on the Internet. Thus, it may be useful to consider developing an international agreement that would address, and in many instances resolve, such disputes about "jurisdiction to prescribe” …
Conflicts Of Interest Under The Revised Model Rules, W. Bradley Wendel
Conflicts Of Interest Under The Revised Model Rules, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Joltin' Joe Has Left And Gone Away: The Vanishing Presumption Against Preemption, Calvin R. Massey
Joltin' Joe Has Left And Gone Away: The Vanishing Presumption Against Preemption, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Comments On "The Need For Comity", James P. Jones
Comments On "The Need For Comity", James P. Jones
Washington and Lee Law Review
No abstract provided.