Now showing items 1-10 of 81
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 ...
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 ...
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 ...
Nebraska choice of law: A synthesis
Although U.S. choice-of-law (or conflict-of-laws) principles have been notoriously unstable and have led to unpredictable results, matters may be settling down to the point where conflicts rules or near-rules are emerging. ...
Conflict of laws
Choice of law, jurisdiction, and judgment issues in interstate adoption cases
The purpose of this article is to describe the choice-of-law, jurisdiction, and judgment problems in interstate adoption cases. The article points out that among all issues relating to domestic relations, adoption is one ...
Constitutional limitations on state-court jurisdiction: A historical-interpretative reexamination of the full faith and credit and due process clauses (Part Two)
This article discusses the original meaning of the due process clause of the fourteenth amendment in order to decide whether the Supreme Court correctly interpreted the traditional rules of international jurisdiction in ...
Constitutional limitations on state-court jurisdiction: A historical-interpretative reexamination of the full faith and credit and due process clauses (Part One)
This article is about the constitutional limitations on state-court jurisdiction. The article discusses the relevant historical materials on the full faith and credit clause up to 1877, which is the year that the Pennoyer ...
Constitutional limitations on state choice of law: Due process
This article is about the due process restrictions that may legitimately be placed on state power to choose the law applicable to a case. The article concludes by stating that the Court's selection of standards from which ...