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Full-Text Articles in Conflict of Laws

Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer Oct 1987

Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer

Florida State University Law Review

Interstate cases pose most dramatically the question of the legitimacy of a state's exercise of coercive power. Professor Brilmayer analyzes two existing theories of interstate relations, rejects the notion that democratic theory requires that interstate equality need be an all-or-nothing issues, and suggests that the basis for a state' coercive power toward outsiders should be sharing the burdens and benefits of state law.

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Asking The Right Questions, Lawrence C. George Oct 1987

Asking The Right Questions, Lawrence C. George

Florida State University Law Review

Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.

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Equality And The Citizens Of Sister States, Douglas Laycock Oct 1987

Equality And The Citizens Of Sister States, Douglas Laycock

Florida State University Law Review

Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.

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Interstate Federalism, Lea Brilmayer Sep 1987

Interstate Federalism, Lea Brilmayer

BYU Law Review

No abstract provided.

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Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick Jul 1987

Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick

University of Arkansas at Little Rock Law Review

No abstract provided.

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Moffatt Hancock And The Conflict Of Laws: An American-Canadian Perspective, Robert Allen Sedler Jan 1987

Moffatt Hancock And The Conflict Of Laws: An American-Canadian Perspective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery Jan 1987

The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery

Articles & Book Chapters

The author critically examines the recent decision of the Supreme Court of Canada in Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. This case holds that the Canadian Charter of Rights and Freedoms only applies to the relations between government and private persons and not to relations between private persons alone, with two exceptions. The author argues that the first exception - when a private person invokes a statute, rather than the common law, against another private person - is untenable because both the common law and the droit civil are grounded in legislative instruments, respectively …

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Conflicts Of Law In Divorce Litigation: A Looking-Glass World?, Mary M. Wills Jan 1987

Conflicts Of Law In Divorce Litigation: A Looking-Glass World?, Mary M. Wills

Campbell Law Review

Family law, in particular, presents some rather unique problems in the field of conflicts of law. In an attempt to resolve some of these difficulties, this comment will inquire into the relevant policies underlying family law, and divorce law in particular, and analyze the viability of the use of the choice of law doctrine of interest analysis in the divorce arena. It will address the current state of United States conflicts law in family law cases and the possible ramifications of the application of interest analysis to certain family law concepts. Finally, it will propose the adoption of some form …

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Market Delineation Under The Naag Horizontal Merger Guidelines: Realities Or Illusions, Gregory J. Werden Jan 1987

Market Delineation Under The Naag Horizontal Merger Guidelines: Realities Or Illusions, Gregory J. Werden

Cleveland State Law Review

The Reagan Administration expressed its enforcement policy for horizontal mergers in Merger Guidelines issued in 1982 and 1984 ("DOJ Guidelines"), implemented its policy through its specific enforcement actions pursuant to section 7 of the Clayton Act, and proposed to codify its policy in amendments to section 7. The National Association of Attorneys General (NAAG) now has gone beyond mere criticism. It has announced the intention of state attorneys general to challenge mergers they believe to be anticompetitive and has issued its own enforcement guidelines for horizontal mergers ("NAAG Guidelines"). The purpose of this Article is to show that the NAAG …

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Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters Jan 1987

Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters

LLM Theses and Essays

In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …

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Interest Analysis As Constitutional Law, Gene R. Shreve Jan 1987

Interest Analysis As Constitutional Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

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Federalism, State Courts, And Section 1983, Gene R. Nichol Jan 1987

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

Faculty Publications

No abstract provided.

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Right Of Election Against A Foreign Testator's Will Sep 1986

Right Of Election Against A Foreign Testator's Will

Washington and Lee Law Review

No abstract provided.

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Choice Of Law Stipulations By Litigants Jan 1986

Choice Of Law Stipulations By Litigants

Washington and Lee Law Review

No abstract provided.

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Motion Pictures In American And International Copyright Law, Christof Siefarth Jan 1986

Motion Pictures In American And International Copyright Law, Christof Siefarth

LLM Theses and Essays

This thesis intends to examine some problems of motion pictures in American and international copyright law. Motion pictures are one of the most fascinating forms of communication and entertainment. They are of enormous commercial significance and are probably the most complex works in the field of copyright law. The American motion picture industry is heavily influential throughout the world. Therefore, the subject of this work will be mainly the American copyright law. Solutions of other legal systems are treated when they provide interesting alternatives or similarities.

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The Law Governing Arbitration Agreements In International Trade, Daniele Lingua Jan 1986

The Law Governing Arbitration Agreements In International Trade, Daniele Lingua

LLM Theses and Essays

This paper on the law applicable to arbitration agreements will start with an examination of the provisions adopted in international conventions on arbitration. The reason for this approach lies in the fact that, when national statutes contain choic of law rules specifically applicable to arbitration agreements, such rules tend to conform to those adopted by the conventions. However, problems of incompatibility between national choice of law provisions and the interpretation of international conventions may arise in the case of those countries which extend their general choice of law rules regarding contracts to rules concerning international arbitration agreements. Finally, this paper …

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To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce Jan 1986

To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce

Faculty Scholarship

This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …

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Preclusion And Federal Choice Of Law, Gene R. Shreve Jan 1986

Preclusion And Federal Choice Of Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

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Criminal Evidence And The Ear Of The Law, Daniel H. Derby Jan 1986

Criminal Evidence And The Ear Of The Law, Daniel H. Derby

Scholarly Works

No abstract provided.

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Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

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Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón Jan 1986

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Arbitration, Forum Selection And Choice Of Law Agreements In International Securities Transactions Jun 1985

Arbitration, Forum Selection And Choice Of Law Agreements In International Securities Transactions

Washington and Lee Law Review

No abstract provided.

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Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato Jan 1985

Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato

Faculty Working Papers

Discusses questions about U.S. policy raised by the proceedings of the Nicaragua case. Was the United States within the exercise of its "inherent right of self defense"? Was the matter a political question for resolution by the Security Council and not suitable for adjudication by the International Court of Justice?

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Interest Analysis As The Preferred Approach To Choice Of Law: A Response To Professor Brilmayer's "Foundational Attack", Robert Allen Sedler Jan 1985

Interest Analysis As The Preferred Approach To Choice Of Law: A Response To Professor Brilmayer's "Foundational Attack", Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve Jan 1985

Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

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Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam Jan 1985

Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam

Articles

No abstract provided.

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Modern Choice Of Law And Public Policy: The Emperor Has The Same Old Clothes, John Bernard Corr Jan 1985

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.

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Criminal Procedure And The Conflict Of Laws, John Bernard Corr Jan 1985

Criminal Procedure And The Conflict Of Laws, John Bernard Corr

Faculty Publications

No abstract provided.

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Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles, Sheldon Wein Nov 1984

Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles, Sheldon Wein

Dalhousie Law Journal

This is a collection of the more important articles on conflict of laws that Professor Hancock has written since 1960; in addition, it contains a chapter, hitherto unpublished, on Allstate Ins. Co. v. Hague,' the Supreme Court's most recent foray into constitutional limitations on the power of a state to apply its law in situations involving foreign facts. Many of us undoubtedly read the majority of these essays at the time when they first appeared in law review form. It is good that they are now available in a single book. We are thereby afforded a convenient opportunity to refresh …

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Bennett V. Kentucky Department Of Education, Lewis F. Powell Jr. Oct 1984

Bennett V. Kentucky Department Of Education, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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