Transnational Law Commons^™

Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down The Wrong Road?, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow

Articles

A decade ago, in 1996, the landscape of transnational insolvencies was vastly different from today. The UNCITRAL Model Law had not been finished, the efforts at the E.U. Insolvency Treaty were jeopardized by mad cows, and no one had heard of Chapter 15. Now, all three universalist projects are up and running, putting universalism in a comfortable state of ascendancy. The paradigm has not been without critics, however, the most persistent and eloquent of which has been Professor Lynn LoPucki. LoPucki has periodically attacked universalism on a number of grounds. These grievances include a sovereigntist complaint of universalism's insensitivity to …

Transnational Litigation: Is There A "Field"? A Tribute To Hal Maier, Linda Silberman

Vanderbilt Journal of Transnational Law

I was pleased to be asked to offer a few words in honor of my friend, Professor Hal Maier, on the occasion of his retirement from Vanderbilt University Law School. I owe a particular debt of gratitude to Hal, not only because he has been a wonderful friend and colleague over the years, but also because he sparked my interest in a field to which I had only recently turned when we first met and one that now absorbs much of my time and attention. The "field"--if it can be characterized as such--is "international litigation" or "transnational litigation," and that …

Greed And Pride In International Bankruptcy: The Problems Of And Proposed Solutions To 'Local Interests', John A. E. Pottow

Articles

The collapses of Yukos, Parmalat, and other international juggernauts have focused scholarly attention on the failure of multinational enterprises. Even what one might consider "American" companies, such as Chicago-based United Airlines, have made clear in their restructuring plans that their operations have profound effects on the dozens of nations around the globe where they transact business. Government and quasi-government reform efforts to regulate these cross-border insolvencies have abounded, including among others, the UNCITRAL Model Law on Cross-Border Insolvency. UNCITRAL is also building on World Bank and INSOL efforts at promulgating a Legislative Guide for "best practices" bankruptcy codes. Scholars vary …

Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

Articles

The headline-grabbing business failures of late have brought increased attention to the relatively unresolved area of multinational bankruptcies. Parmalat, Global Crossing, and United Airlines are among the few international juggernauts that have foundered. In the financial meltdowns of these cross-border institutions, assets and creditors are dispersed throughout commercial environments that rarely end neatly at national borders. There has been heated debate, both in scholarly literature and the practical battlefield, over how best to resolve these transnational insolvencies, and there is nothing yet approaching a consensus. Reform efforts of various stripes have almost uniformly failed to gain meaningful international support. At …

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.

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.

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …

Conflicts On The Net: Choice Of Law In Transnational Cyberspace, Matthew R. Burnsteln

Vanderbilt Journal of Transnational Law

No recent technological advance has captured the attention and imagination of the United States and the international community like the advent of global communications networks--the Internet, Cyberspace, the Information Superhighway. While the technology advances daily, a legal regime for ordering cyberspace has not yet evolved. Already, cases are reaching the courts in which plaintiffs complain of improper and unlawful activities by defendants in cyberspace. Both cyberspace's growing ubiquity and the anonymity found online will increase international use of the networks for interaction and commerce. This Note considers the conflict of laws implications of transnational cyberspace. The need to consider choice …

Editors' Introduction, Journal Editor

Vanderbilt Journal of Transnational Law

The following symposium contains articles based on papers presented at the Annual Meeting of the Association of American Law Schools, Section on Conflict of Laws, in New Orleans, Louisiana, January 6, 1995. The Section's program, Conflict of Laws in the Global Village: International Conflicts Issues for the General Course in Conflict of Laws, was organized by Professor Harold G. Maier of Vanderbilt University Law School, who was Chair of the Conflicts Section. The program was designed to identify and discuss current international conflict of laws issues that might fruitfully be explored in the general course on Conflict of Laws.

Responding To Transnational Cartels: A Proposal And Its Background, Journal Editor

Vanderbilt Journal of Transnational Law

The titles in the following section address various aspects of the problems that the United States faces in attempting to impose liability for actions by international cartels in violation of United States antitrust law. Representative Albert Gore has introduced legislation in the last two sessions of congress which he feels will assist in alleviating many of these problems. Mr. Gore's current legislation, the Cartel Registration Act, is the subject of his article in which he takes a strong advocacy position on its behalf.

The Cartel Restriction Act in its present form evolved from the considerable comment, both favorable and unfavorable, …

Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein

Michigan Law Review

The term "recognition" has many meanings. We speak in family law of a "recognized child," in public international law of recognizing a newly emerged state or newly installed government, and in private international law (conflict of laws) of recognizing foreign judgments or legal persons. In both public and private international law, it is the nation-state that grants or denies recognition. In public international law, the "recognizing" nation-state expresses "a value judgment acknowledging that a given fact situation is in accord with the exigencies of the international legal order." In private international law (or conflict of laws), on the other hand, …

Conflict Of Laws-Application Of Estoppel To Invalid Divorces-Mexican "Mail Order" Divorce, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, who wished to marry, persuaded defendant's wife to agree to a Mexican "mail order" divorce. The spouses executed and delivered powers of attorney to counsel residing in Mexico, where a divorce was granted and the decree mailed back to New York. Neither of the parties went to Mexico, nor did the decree of the Mexican court recite presence or domicile of either spouse. Upon learning that the decree had been granted, plaintiff and defendant were married in Virginia and then returned to New York, their state of domicile. In 1946, the plaintiff commenced this action, asking for …