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Articles 2041 - 2070 of 2757
Full-Text Articles in Conflict of Laws
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Faculty Scholarship
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato
The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato
Faculty Working Papers
The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current …
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
Sales Transactions In Latin America: The Fundamental Issues, Shelly P. Battram
Sales Transactions In Latin America: The Fundamental Issues, Shelly P. Battram
University of Miami Inter-American Law Review
No abstract provided.
Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl
Companies In The European Community: Are The Conflict-Of-Law Rules Ready For 1992?, Andreas Reindl
Michigan Journal of International Law
This article describes the current situation in the emerging integrated system of the European Community, focusing on the potential conflict between Community rules on the freedom of establishment and national conflict-of-law rules relating to companies. In the first part, I shall outline the relevant provisions of EC law and the two conflict-of-law concepts presently exhibited in the national laws of the Member States. In the second part, I shall discuss three cases in which the European Court of Justice recently addressed this subject. In the third part, I shall analyze the impact of the Court's opinions, and finally outline options …
Professor Juenger's Challenge To The Interest Analysis Approach To Choice-Of-Law: An Appreciation And A Response, Robert A. Sedler
Professor Juenger's Challenge To The Interest Analysis Approach To Choice-Of-Law: An Appreciation And A Response, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg
Juridical Chameleons In The "New Erie" Canal, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The New Erie doctrine, however, has become a doctrine of convenience, inconsistently applied by conservative and liberal Justices alike. It is the antithesis of a “neutral principle” of constitutional adjudication. To use Justice Jackson's term, the federal laws are not the “juridical chameleons”--the Justices are. Part II of this Article discusses the old and the New Erie doctrines as articulated by the United States Supreme Court. Part III demonstrates the difficulty of limiting the New Erie doctrine to the single area of implied rights of action and shows how the broad brush with which the doctrine's proponents paint necessarily touches …
Appointment Controversies And The Supreme Court, Stephen Wermiel
Appointment Controversies And The Supreme Court, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis
Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis
Publications
No abstract provided.
Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner
Using Currie's Interest Analysis To Resolve Conflicts Between State Regulation And The Sherman Act, James R. Ratner
William & Mary Law Review
No abstract provided.
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
Michigan Journal of International Law
After briefly summarizing the classical doctrine of state responsibility, Part One will discuss whether extending compensation to the harmful consequences of certain hazardous activities necessarily involves the recognition of a "liability for lawful conduct" without any link to traditional ideas of state responsibility. Part Two, starting again from responsibility for wrongful acts, will discuss whether raising a new category, the breach of an "essential obligation" or "international crimes," confers not only an obligation to make reparations, but a right, in both the victim state and the non-victim states, to sanction the responsible state.
Dispute Over The United States’ Denial Of A Visa To Yasir Arafat, Sadiq Reza
Dispute Over The United States’ Denial Of A Visa To Yasir Arafat, Sadiq Reza
Faculty Scholarship
On November 26, 1988, the United States denied a visa to Yasir Arafat, Chairman of the Executive Committee of the Palestine Liberation Organization (PLO), when he sought to enter the United States to attend the forty-third session of the United Nations (UN) in New York. The denial rekindled a forty-year-old dispute between the United States and the UN over the extent to which the United States may, under the terms of the Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations (Headquarters Agreement), restrict entry to persons seeking to enter the …
Restraining The Unruly Horse: The Use Of Public Policy In Arbitration, Interstate And International Conflict Of Laws In California, Kojo Yelpaala
Restraining The Unruly Horse: The Use Of Public Policy In Arbitration, Interstate And International Conflict Of Laws In California, Kojo Yelpaala
McGeorge School of Law Scholarly Articles
No abstract provided.
To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen
To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen
Scholarly Works
Federal courts of appeals often grant special deference to district court rulings on matters of state law. This practice is important. It is also ill-conceived. This Article explores this "rule of deference." Section I considers the roots and reach of the rule. Together with the Appendices to this Article, it seeks to detail for practitioners, commentators, and judges the way the rule operates in the courts. The remaining sections of this Article consider the wisdom of the rule of deference. Section II argues that the rule lacks a sound rationale and Section III urges that the rule has bad effects …
Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue
Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue
Faculty Publications By Year
No abstract provided.
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
Washington and Lee Law Review
No abstract provided.
Reverse Silver Platter: Should Evidence That State Officials Obtained In Violation Of A State Constitution Be Admissible In A Federal Criminal Trial?
Washington and Lee Law Review
No abstract provided.
No Place Like Home: Public Policy And Prudent Practice In The Conflict Of Laws, Jeffrey Jackson
No Place Like Home: Public Policy And Prudent Practice In The Conflict Of Laws, Jeffrey Jackson
West Virginia Law Review
No abstract provided.
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
UIC Law Review
No abstract provided.
Carnegie-Mellon University V. Cohill: The United States Supreme Court Upholds The Authority Of Federal Courts To Remand Properly Removed Pendent Jurisdiction Claims, 22 J. Marshall L. Rev. 389 (1988), William Barrett
UIC Law Review
No abstract provided.
Paul V. National Life, Lex Loci Delicti And The Modern Rule: A Difference Without Distinction, Vernon A. (Bo) Melton Jr.
Paul V. National Life, Lex Loci Delicti And The Modern Rule: A Difference Without Distinction, Vernon A. (Bo) Melton Jr.
West Virginia Law Review
No abstract provided.
Conflict Of Laws - Application Of Forum State's Statute Of Limitations To Litigation With Which The State Has No Significant Contacts Is Unconstitutional, David A. Ebby
Villanova Law Review (1956 - )
No abstract provided.
Conflicts Of Law And Morality, 21 J. Marshall L. Rev. 691 (1988), Todd Volker
Conflicts Of Law And Morality, 21 J. Marshall L. Rev. 691 (1988), Todd Volker
UIC Law Review
No abstract provided.
Transnational Probate And Estates: Procedural Strategy In Light Of Latin American Law And Practices, Burton A. Landy, Barry D. Hunter, Frederick Woodbridge Jr.
Transnational Probate And Estates: Procedural Strategy In Light Of Latin American Law And Practices, Burton A. Landy, Barry D. Hunter, Frederick Woodbridge Jr.
University of Miami Inter-American Law Review
No abstract provided.
Equitable Relief In Arbitration: A Survey Of American Case Law, Stephen P. Bedell, Louis K. Ebling
Equitable Relief In Arbitration: A Survey Of American Case Law, Stephen P. Bedell, Louis K. Ebling
Loyola University Chicago Law Journal
No abstract provided.
Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum
Forum Shopping In Products Liability Actions: A Comparison Between The United States, France And Germany, Lothar W. Baum
LLM Theses and Essays
The goal of this research is to state the current situation concerning products liability in the United States, the Federal Republic of Germany and more briefly, France and to compare the different systems. Emphasis will be given to the substantive laws, in particular to the new EC Directive and its adoption in the Federal Republic of Germany. Also, it will discuss the current German law, since this will be valid for all claims initiated before the enactment of the new ProdHaftG. Further, based on the previous analysis, it will be shown where a consumer is in the most favorable position …
International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf
International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf
LLM Theses and Essays
This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Community And Fairness In Democratic Theory, Mark Tushnet
Community And Fairness In Democratic Theory, Mark Tushnet
Florida State University Law Review
This commentary responds to an article by Lea Brilmayer in this edition. Professor Tushnet challenges Professor Brilmayer's assertion regarding democratic theory that the process theory of United States v. Carolene Products is irreconcilable with the interest theory which stems from conflict of law analysis.
Response, Lea Brilmayer
Response, Lea Brilmayer
Florida State University Law Review
Professor Brilmayer responds to the commentaries of Professors Laycock, Tushnet, and George.