Now showing items 1-10 of 83
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 ...
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 ...
Conflicts in a nutshell
(West Academic Publishing, 2016)
Topics covered include issues involving domicile; jurisdiction; adjudication; statute of limitations; foreign law; contract and business cases; torts; "renvoi"; Erie Doctrine; judgments; and family (marriage, dissolution ...
U.S. conflict-of-laws doctrine and forum shopping, domestic and international (revisited)
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
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
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 ...
Improving the "better law" system: Some impudent suggestions for reordering and reformulating Leflar's choice-influencing considerations
This article is about Professor Robert Leflar's Better Law System, in which five choice-influencing considerations are used in choice-of-law cases. This article discusses the strengths and weaknesses of the system and ...
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 ...