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
Punitive damages, forum shopping, and the conflict of laws
Few issues have as profound an impact on civil litigation as the availability and dimensions of punitive damages. States, however, vary considerably on whether punitive damages are allowed, the quantum and burden of proof ...
Real risk of forum shopping: A dissent from Shady Grove
This article is written as a hypothetical dissenting opinion from the U.S. Supreme Court's decision in Shady Grove Orthopedic Associates v. Allstate Insurance Co. In that case, the Court held that a federal court sitting ...
Comparative conflict of laws: Conventions, regulations, and codes
(Foundation Press, 2009)
Conflict of laws
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 ...