Now showing items 21-30 of 196
Return of territorialism to New York's conflicts law: Padula v. Lilarn Properties Corp.
Patrick J. Borchers, The Return of Territorialism to New York’s Conflicts Law: Padula v. Lilarn Properties Corp., 58 Alb. L. Rev. 775 (1995).
Political downsizing: The re-emerging of self-determination, and the movement toward smaller, ethnically homogenous states
Michael J. Kelly, Political Downsizing: The Re-Emergence of Self-Determination, and the Movement Toward Smaller, Ethnically Homogenous States, 47 Drake L. Rev. 209 (1999).
The end of the Cold War brought about the third wave of nation-state creation/dissolution similar to that experienced after the First World War and the decolonization period of the mid-20th Century. This paper examines the ...
Skeleton in the legal closet: The discovery of "Kennewick Man" crystalizes the debate over federal law governing disposal of ancient human remains
Michael J. Kelly, A Skeleton in the Legal Closet: The Discovery of “Kennewick Man” Crystalizes the Debate over Federal Law Governing Disposal of Ancient Human Remains, 21 U. Haw. L. Rev. 42 (1999).
When a 9,000 year-old Causasoid skeleton dubbed "Kennewick Man" was discovered in the Pacific Northwest in 1996, scientists began to research why such a person was in that geographic area when people of that morphology ...
Case studies "ripe" for the International Criminal Court: Practical applications for the Pinochet, Ocalan, and Libyan Bomber trials
Michael J. Kelly, Case Studies “Ripe” for the International Criminal Court: Practical Applications for the Pinochet, Ocalan, and Libyan Bomber Trials, 8 J. Int'l. L. & Prac. 21 (1999).
This study considers the criminal cases against former Chilean dictator Augusto Pinochet, former Kurdish terrorist leader Abdullah Ocalan, and the Libyan intelligence agents who bombed Pan Am 103 over Lockerbie Scotland, ...
Traveling the road to Rambouillet: Is the imposition of federalism in Kosovo pragmatic foreign policy or unwise meddling?
Michael J. Kelly, Traveling the Road to Rambouillet: Is the Imposition of Federalism in Kosovo Pragmatic Foreign Policy or Unwise Meddling?, 40 S. Tex. L. Rev. 789 (1999), reprinted in Comparative Federalism in the Devolution Era 247 (Neil Colman McCabe ed. 2002).
This is a diplomatic history of the Rambouillet conference held to stave off war between NATO and the remnants of Yugoslavia under Slobodan Milosevic at the height of the Milosevic campaign of ethnic cleansing in Kosovo ...
To appeal or not to appeal, that is the question
Michael J. Kelly, To Appeal or Not to Appeal, That Is the Question, Inter Alia, Jan. 1999, at 1.
Death of the constituional law of personal jurisdiction: From Pennoyer to Burnham and back again
Patrick J. Borchers, The Death of the Constitutional Law of Personal Jurisdiction: From Pennoyer to Burnham and Back Again, 24 U.C. Davis L. Rev. 19 (1990), reprinted in part in Civil Procedure Anthology 69 (David I. Levine, Donald L. Doernberg & Melissa L. Nelkin eds., 1998).
In 1990, in Burnham v. Superior Court, the U.S. Supreme Court upheld the traditional rule that a civil defendant could be subjected to personal jurisdiction in a state simply by being physically served with the summons ...
Forum selection agreements in the federal courts after Carnival Cruise: A proposal for congressional reform
Patrick J. Borchers, Forum Selection Agreements in the Federal Courts After Carnival Cruise: A Proposal for Congressional Reform, 67 Wash. L. Rev. 55 (1992).
After decades of hostility to exclusive forum selection agreements (i.e., agreements that require parties to litigate only in a particular court), the Supreme Court embraced them in 1973 in The Bremen v. Zapata Offshore ...
Comparing personal jurisdiction in the United States and the European community: Lessons for American reform
Patrick J. Borchers, Comparing Personal Jurisdiction in the United States and the European Community: Lessons for American Reform, 40 Am. J. Comp. L. 121 (1992).
Patrick J. Borchers, Conflicts Pragmatism, 56 Alb. L. Rev. 883 (1993), reprinted in part in A Conflict-of-Laws Anthology 148 (Gene R. Shreve ed., 1997).