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Articles 1891 - 1920 of 2757
Full-Text Articles in Conflict of Laws
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.
International Law Issues In Death Penalty Defense, Richard J. Wilson
International Law Issues In Death Penalty Defense, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Fifteen Years After The Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective And Just Narcotics Sentencing Perspectives On The Federal Sentencing Guidelines And Mandatory Sentencing, Ian Weinstein
Faculty Scholarship
Federal criminal sentencing has changed dramatically since 1988. Fifteen years ago, judges determined if and for how long a defendant would go to jail. Since that time, changes in substantive federal criminal statutes, particularly the passage of an array of mandatory minimum penalties and the adoption of the federal sentencing guidelines, have limited significantly judicial sentencing power and have remade federal sentencing and federal criminal practice. The results of these changes are significantly longer federal prison sentences, as was the intent of these reforms, and the emergence of federal prosecutors as the key players in sentencing. Yet, at the same …
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
Faculty Works
No abstract provided.
Industry Strategies For Intellectual Property And Trade: The Quest For Trips, And Post-Trips Strategies, Susan K. Sell
Industry Strategies For Intellectual Property And Trade: The Quest For Trips, And Post-Trips Strategies, Susan K. Sell
Cardozo Journal of International and Comparative Law
The article examines the origins, negotiation, and post-implementation strategies of the TRIPS Agreement, emphasizing the significant role of U.S. corporate interests in shaping this global intellectual property regime. It highlights how industries leveraged political and legal mechanisms to enforce TRIPS, while also addressing emerging challenges and opposition, particularly concerning public health and biotechnology.
Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Hara O'Connor
Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
The Eagles Of Deregulation: The Role Of The Courts In A Restructured Environment, Steven Ferrey
The Eagles Of Deregulation: The Role Of The Courts In A Restructured Environment, Steven Ferrey
Suffolk University Law School Faculty Works
Electricity is a key resource. This article examines what really happened in California's electric deregulation, step-by-step, and critiques the regulatory response and legal fallout of the first major electric crisis in the U.S. in more than 50 years. It analyzes pending court cases and legislative initiatives, and why the latter were ineffective to militate the effects of the crisis. This article was the first article to assess the legal implications of the California regulatory collapse.
The Elementary Economics Of Bijuralism: A First Cut, James W. Bowers
The Elementary Economics Of Bijuralism: A First Cut, James W. Bowers
Journal of Legal Education
No abstract provided.
The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey
The New Federalism Jurisprudence And National Tort Reform, Betsy J. Grey
Washington and Lee Law Review
No abstract provided.
Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin
Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin
Nevada Law Journal
No abstract provided.
Fuzzy Logic And The Sliding Scale Theorem, Frederic L. Kirgis
Fuzzy Logic And The Sliding Scale Theorem, Frederic L. Kirgis
Scholarly Articles
The law operates principally in the context of ordinary transactions and relationships. Consequently it is important to develop insights into how it operates in the everyday world. To resolve recurring legal issues in everyday affairs, judges and other decision-makers sometimes use formulas. When a legal formula contains two elements, as several do, a process of fuzzy logic produces a result that is a function of a sliding scale between the elements. Thus, if physical presence in a new state + intent to remain = change of domicile, there will be degrees of each element, such that the degree of physical …
Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan
Recognition And Enforcement Of Foreign Judgments In The United States: The Need For Federal Legislation, 37 J. Marshall L. Rev. 229 (2003), Violeta I. Balan
UIC Law Review
No abstract provided.
International Economic Conflict And Resolution, C. O'Neal Taylor
International Economic Conflict And Resolution, C. O'Neal Taylor
Northwestern Journal of International Law & Business
Conflict and their resolutions contribute to the development of the law. Organizations and systems are structured or restructured and policies are formulated in response to them. In the case of international economic law, conflict comes in a variety of forms and is resolved in a number of ways and in different forums.' The 2001 Conference of the International Economic Law Group focused on the issue of conflict resolution.2 The two plenary sessions of the conference were held at the Warwick Hotel in Houston. This symposium issue of the Northwestern Journal of International Law and Business contains three of the articles …
Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker
Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker
Articles & Book Chapters
With the willingness to enforce foreign default judgments against defendants who did not consent to the jurisdiction of the foreign court and were not local persons there, Canadian courts may need to reconsider the narrowly framed defences so as to strike the comity balance anew.
Commercial Law Collides With Cyberspace: The Trouble With Perfection - Insecurity Interests In The New Corporate Asset, Xuan-Thao N. Nguyen
Commercial Law Collides With Cyberspace: The Trouble With Perfection - Insecurity Interests In The New Corporate Asset, Xuan-Thao N. Nguyen
Washington and Lee Law Review
No abstract provided.
Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum
Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum
Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum
Articles by Maurer Faculty
This article examines how the globalization of economic markets, and attendant changes in international regulatory strategies, challenge the traditional framework of private international law. It examines a variety of developments in the areas of securities, antitrust, and bankruptcy law, analyzing the ways in which they undermine the conception of regulatory power as grounded in the territorial authority of sovereign states. Specifically, the article argues that these changes reflect a shift in conflicts jurisprudence away from the traditional jurisdiction-selecting model and toward a substance-based model, in which a state's economic policy interests can be protected simply through assurance that the substance …
New Issues Arising Under Section 1983, Martin A. Schwartz
New Issues Arising Under Section 1983, Martin A. Schwartz
Scholarly Works
No abstract provided.
When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser
When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser
Cardozo Law Review
No abstract provided.
The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis
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.
The Constitution Of Canada And The Conflict Of Laws, Janet Walker
The Constitution Of Canada And The Conflict Of Laws, Janet Walker
PhD Dissertations
This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the …
Fear Of Commitment In International Bankruptcy, Frederick Tung
Fear Of Commitment In International Bankruptcy, Frederick Tung
Faculty Scholarship
This article discusses the difficult questions of conflict and cooperation among national bankruptcy regimes that arise with the failure of a multinational firm. The firm's failure typically leaves assets and unpaid creditors in several jurisdictions, but no overarching international bankruptcy system exists. Instead, the national bankruptcy laws of several states might plausibly apply to the firm's bankruptcy or particular aspects of the case. Though multinational firm failure has become more and more common, states have made precious little progress in regularizing coordination or cooperation among national bankruptcy systems. Uncoordinated territorial competition is the norm, resulting in complex conflicts of law. …
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
Articles
The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …
Cooley Innocence Project Kick-Off, Barry Scheck
Cooley Innocence Project Kick-Off, Barry Scheck
Articles
The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.
Who's The Boss?: Statutory Damage Caps, Courts, And State Constitutional Law, Matthew W. Light
Who's The Boss?: Statutory Damage Caps, Courts, And State Constitutional Law, Matthew W. Light
Washington and Lee Law Review
No abstract provided.
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Cyprus In Europe: Seizing The Momentum Of Nice, Patrick R. Hugg
Vanderbilt Journal of Transnational Law
In December 2000 the European Council Summit in Nice fulfilled the promise for European Union enlargement made at the Helsinki Summit the year before. The leaders of the EU Member States reaffirmed their commitment to the accession of the applicant countries, making possible the broad re-unification of the continent under democratic rule of law and free market economies. This Article focuses specifically on the accession of the island of Cyprus, Europe's remaining divided state, poised strategically between East and West. The island's armed stand-off presents the clearest example of legal conflict between two ethnic communities in a discrete geographical territory, …
Conflicts Empiricism, Gene R. Shreve
Principles Of Forum Selection, Antony L. Ryan
Principles Of Forum Selection, Antony L. Ryan
West Virginia Law Review
No abstract provided.
Finding A Conflicts Issue In International Copyright Litigation: Did The Second Circuit Misinterpret The Berne Convention In Itar-Tass?, David E. Miller
Finding A Conflicts Issue In International Copyright Litigation: Did The Second Circuit Misinterpret The Berne Convention In Itar-Tass?, David E. Miller
Cardozo Journal of International and Comparative Law
The article critiques the U.S. Court of Appeals for the Second Circuit's decision in Itar-Tass Russian News Agency v. Russian Kurier, Inc., arguing that the court misinterpreted the Berne Convention by creating a conflicts issue where none existed. The court's novel approach of applying Russian law to determine copyright ownership and U.S. law for infringement contradicts the principle of national treatment, which traditionally requires the law of the forum country to govern both issues. This decision, based on weak legal reasoning, ignored historical context, scholarly consensus, and relevant precedents, potentially leading to complications in international copyright litigation.
Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field
Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field
Cardozo Law Review
No abstract provided.