Now showing items 11-20 of 31
Conflict of laws
Patrick J. Borchers, CD-ROM: Conflict of Laws (Bar/Bri 2005) (sound recording).
Conflict of laws and Boumediene v. Bush
Patrick J. Borchers, The Conflict of Laws and Boumediene v. Bush, 42 Creighton L. Rev. 1 (2008).
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 ...
Incredible shrinking Hague Evidence Convention
Patrick J. Borchers, The Incredible Shrinking Hague Evidence Convention, 38 Tex. Int'l L.J. 73 (2003).
Coming collision: Romer and state defense of marriage acts
Patrick J. Borchers, The Coming Collision: Romer and State Defense of Marriage Acts, 2008 B.Y.U. L. Rev. 1635.
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 ...
U.S. conflict-of-laws doctrine and forum shopping, domestic and international (revisited)
Ralph U. Whitten, U.S. Conflict-of-Laws Doctrine and Forum Shopping, Domestic and International (Revisited), 37 Tex. Int'l L.J. 559 (2002).
This article discusses Professor Friedrich Juenger's contributions to the subject of conflict of laws and international forum shopping. The article describes Professor Juenger's assessment of the effect of conflict-of-laws ...
Choice of law, jurisdiction, and judgment issues in interstate adoption cases
Ralph U. Whitten, Choice of Law, Jurisdiction, and Judgment Issues in Interstate Adoption Cases, 31 Cap. U. L. Rev. 803 (2003).
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 ...
Exporting and importing domestic partnerships: Some conflicts-of-law questions and concerns
Ralph U. Whitten, Exporting and Importing Domestic Partnerships: Some Conflicts-of-Law Questions and Concerns, 2001 BYU L. Rev. 1235.
This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed ...
Curing the deficiencies of the conflicts revolution: A proposal for national legislation on choice-of-law, jurisdiction, and judgments
Ralph U. Whitten, Curing the Deficiencies of the Conflicts Revolution: A Proposal for National Legislation on Choice-of-Law, Jurisdiction, and Judgments, 37 Willamette L. Rev. 259 (2001).
Empiricism and theory in conflicts law
Patrick J. Borchers, Commentary, Empiricism and Theory in Conflicts Law, 75 Ind. L.J. 509 (2000).
Louisiana's conflicts codification: Some empirical observations regarding decisional predictability
Patrick J. Borchers, Louisiana's Conflicts Codification: Some Empirical Observations Regarding Decisional Predictability, 60 La. L. Rev. 1061 (2000).
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 ...