Now showing items 1-10 of 12
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 ...
Developments in the Erie Doctrine: 1991
This article is about the court's development in the Erie Doctrine as of 1991. The article discusses several cases about how the court has handled conflicts between federal and state law. Through the discussion, the article ...
Interjurisdictional issues in adoption: Where is this child not my child?
(Creighton University School of Law, 1998)
Death of the constituional law of personal jurisdiction: From Pennoyer to Burnham and back again
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 ...
Origins of diversity jurisdiction, the rise of legal positivism, and a brave new world for Erie and Klaxon
The conventional explanation for the inclusion the grant of diversity jurisdiction (i.e., federal court jurisdiction in cases between citizens of different states) in the Constitution and the first Judiciary Act is that ...
Forum selection agreements in the federal courts after Carnival Cruise: A proposal for congressional reform
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 ...