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Articles 2011 - 2040 of 2757
Full-Text Articles in Conflict of Laws
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
Articles
The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman
Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman
Vanderbilt Journal of Transnational Law
The field of conflict of laws suffers from a lack of theoretical coherence, and therefore fails to provide a satisfactory basis for discourse, adjudication, legislation, and inter-governmental negotiation regarding issues of prescriptive scope. This Article advances a law and economics-based approach to conflict of laws for use in both the domestic and international context. The Article first assesses the theoretical coherence of some principal conflict of laws approaches, analyzing their resolution of four tensions: predictability and adminstrability versus accuracy, unilateralism versus multilateralism, private interest versus public interests, and courts versus legislatures. It refers to Professor Baxter's "comparative impairment" methodology as …
Conflicts Law: State Or Federal, Gene R. Shreve
Conflicts Law: State Or Federal, Gene R. Shreve
Indiana Law Journal
No abstract provided.
United States V. Ja Vino: Reconsidering The Relationship Of Customary International Law To Domestic Law, Eric George Reeves
United States V. Ja Vino: Reconsidering The Relationship Of Customary International Law To Domestic Law, Eric George Reeves
Washington and Lee Law Review
No abstract provided.
Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer
Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer
Michigan Law Review
State laws differ, and they differ on issues of tremendous importance to the ways that we conduct our lives. Abortion and the right to die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted or outmaneuvered in local political processes sometimes seek a legal climate more compatible with their beliefs about human decency and dignity. The right to "vote with one's feet" - to travel or move to another state and trade a …
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom…": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
Michigan Law Review
In a prior article, I addressed the problem of extraterritorial abortions under the assumption that the federal constitutional right of reproductive choice would be repudiated by the Supreme Court on Justice Scalia's theory that such rights lack sufficiently deep roots in the history and traditions surrounding the framing of the Constitution and the Fourteenth Amendment. I argued there that a constitutional methodology that relied on traditions and expectations of the Framers would provide a strong basis for concluding that the Constitution imposes severe limits on states' power to project their moralities extraterritorially. If Justice Scalia is serious about a regard …
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Conflict Of Constitutions? No Thanks: A Response To Professors Brilmayer And Kreimer, Gerald L. Neuman
Michigan Law Review
This colloquy was organized around the unpleasant hypothesis that the Supreme Court would overrule Roe v. Wade and that Congress would not fill the resulting void with federal legislation. The abortion debate would then move to the states, where local majorities could enact their own resolutions. If the local majorities were large enough, they could even write their local resolutions into their state constitutions. The contrasting state constitutions that could result might then replicate the comparativists' current juxtaposition between the U.S. Constitution and the constitutions of Germany and Ireland. In some states, prohibition of abortion would be constitutionally required, while …
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Constitutional Law
No abstract provided.
Modern Maryland Conflicts: Backing Into The Twentieth Century One Hauch At A Time, Richard W. Bourne
Modern Maryland Conflicts: Backing Into The Twentieth Century One Hauch At A Time, Richard W. Bourne
University of Baltimore Law Review
No abstract provided.
Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler
Interest Analysis, State Sovereignty, And Federally-Mandated Choice Of Law In "Mass Tort" Cases, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong
Blackmailers, Bribe Takers, And The Second Paradox, Sidney Delong
Faculty Articles
An adequate theoretical justification for the prohibition of blackmail should explain both of its paradoxes. However, a review of contemporary theories of blackmail shows that they are able neither to explain why blackmail is criminalized nor to rationalize the different treatment of blackmail and bribery. This review suggests that the paradoxes of blackmail may not yield to rational analysis. In contrast to deductive analyses premised on rights or economics, this paper offers an account of bribery and blackmail that is premised on their different social meanings. The author suggests that the legal and moral treatment of bribery and blackmail spring …
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen
Faculty Scholarship
Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …
Will The Real Fsia Choice-Of-Law Rule Please Stand Up?, Joel Mendal Overton, Ii
Will The Real Fsia Choice-Of-Law Rule Please Stand Up?, Joel Mendal Overton, Ii
Washington and Lee Law Review
No abstract provided.
Teaching Conflicts, Improving The Odds, Gene R. Shreve
Teaching Conflicts, Improving The Odds, Gene R. Shreve
Michigan Law Review
A Review of Conflict of Laws: Cases, Materials and Problems by David H. Vernon, Louise Weinberg, William L. Reynolds, and William M. Richman
Conflict Of Laws: Foundations And Future Directions, Craig Y. Allison
Conflict Of Laws: Foundations And Future Directions, Craig Y. Allison
Michigan Law Review
A Review of Conflict of Laws: Foundations and Future Directions by Lea Brilmayer
State Regulation Of Broker-Customer Pre-Dispute Arbitration Agreements, Gerald A. Madek
State Regulation Of Broker-Customer Pre-Dispute Arbitration Agreements, Gerald A. Madek
North Carolina Central Law Review
No abstract provided.
The Choice-Of-Law Revolution: An Empirical Study, Patrick J. Borchers
The Choice-Of-Law Revolution: An Empirical Study, Patrick J. Borchers
Washington and Lee Law Review
No abstract provided.
Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler
Continuity, Precedent And Choice Of Law: A Reflective Response To Professor Hill, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Imbalance Of Powers: Can Congressional Lawsuits Serve As Counterweight?, Carlin Meyer
Imbalance Of Powers: Can Congressional Lawsuits Serve As Counterweight?, Carlin Meyer
Articles & Chapters
No abstract provided.
Sexual Predator Law: The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Sexual Predator Law: The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Faculty Articles
The Washington sexually violent predator commitment law presents some of the types of arbitrary legal processes that permeate Franz Kafka's The Trial.
Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve
Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Judgments From A Choice-Of-Law Perspective, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Conflict Of Laws: The New Approach To Choice Of Law: Justice In Search Of Certainty, Part Two, James Audley Mclaughlin
Conflict Of Laws: The New Approach To Choice Of Law: Justice In Search Of Certainty, Part Two, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
Conflict Of Laws: The Choice Of Law Lex Loci Doctrine, The Beguiling Appeal Of A Dead Tradition, Part One, James Audley Mclaughlin
Conflict Of Laws: The Choice Of Law Lex Loci Doctrine, The Beguiling Appeal Of A Dead Tradition, Part One, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
Baseball And Chicken Salad: A Realistic Look At Choice Of Law, Harold G. Maier
Baseball And Chicken Salad: A Realistic Look At Choice Of Law, Harold G. Maier
Vanderbilt Law Review
Most conflict of laws teachers come to their calling because they are fascinated with the intellectual variety of the subject matter and the sense of systemic universality that pervades the legal decisions with which they work. We deal, after all, with some very fundamental aspects of law and the legal system in a world of fascinating abstractions mixed with concrete decisions. Although I have taken no survey, conversations with many of my colleagues suggest that they, as did I, found the course Conflict of Laws in the second or third year of law school to be one that reawakened the …
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Faculty Scholarship
No abstract provided.
The Modern Challenge Of Medieval Conflict Of Laws, Thomas Lund
The Modern Challenge Of Medieval Conflict Of Laws, Thomas Lund
Washington and Lee Law Review
No abstract provided.