Now showing items 1-10 of 84
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 ...
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
Conflict of laws and Boumediene v. Bush
The Supreme Court's 2008 decision extending the constitutional right of habeas corpus to non-citizen detainees held at Guantanamo Bay is a remarkable decision on many levels. Although the Supreme Court had previously held ...
Coming collision: Romer and state defense of marriage acts
As same-sex marriage has passed from a hypothetical to a reality in a few U.S. states, the conflict-of-laws questions are entering a new and more subtle stage of debate. Because marriages are not judgments for purposes of ...
Conflict of Laws
(Matthew Bender, 1993)
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 ...