Now showing items 1-10 of 12
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 ...
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 ...
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 ...
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 ...