Now showing items 1-10 of 81
An essay on predictability in choice-of-law doctrine and implications for a Third Conflicts Restatement
Both Restatements of the Conflict of Laws have been controversial. The First, completed in 1934, enshrined territorial rules, such as the law of the place of the injury (lex loci delicti) governing tort cases. The First ...
McIntyre Machinery, Goodyear, and the incoherence of the minimum contacts test
On June 27, 2011, when J. McIntyre Machinery Ltd. v. Nicastro and Goodyear Dunlop Tire Operations, S.A. v. Brown were handed down, it marked the first time in almost a quarter century that the United States Supreme Court ...
Emergence of quasi rules in U.S. conflicts law
One step forward and two back: Missed opportunities in refining the United States minimum contacts test and the European Union Brussels I Regulation
In 2011, the U.S. Supreme Court decided two cases regarding the scope of the "minimum contacts" test for permissible exercises of personal jurisdiction. In one case, relying on ill-defined notions of sovereignty, a plurality ...
Louisiana's conflicts codification: Some empirical observations regarding decisional predictability
In 1992, Louisiana became the first (and still the only) state to codify its choice-of-law doctrine. The conflicts rules that it created in statutory form are far removed from the pre-conflicts-revolution rules such as the ...
Conflict-of-laws considerations in state court human rights actions
As U.S. Supreme Court decisions have curtailed the availability of civil redress for human rights violations under the Alien Tort Statute, victims of human rights abuses are beginning to consider U.S. state courts as a ...
Conflicts in a nutshell
(West Academic Publishing, 2016)
Topics covered include issues involving domicile; jurisdiction; adjudication; statute of limitations; foreign law; contract and business cases; torts; "renvoi"; Erie Doctrine; judgments; and family (marriage, dissolution ...
Choice-of-law revolution: An empirical study
(Edward Elgar, 2007)
Categorical exceptions to party autonomy in private international law
While history records resistance, choice-of-law and choice-of-forum clauses enjoy widespread enforcement in the United States and Europe today as a recognition of the value of party autonomy in transactions increases. Yet ...