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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 ...
Conflict of laws and Boumediene v. Bush
The Supreme Court's 2008 decision extending the constitutional right of habeas corpus to non-citizen detainees held at Guantanamo Bay is a remarkable decision on many levels. Although the Supreme Court had previously held ...
Coming collision: Romer and state defense of marriage acts
As same-sex marriage has passed from a hypothetical to a reality in a few U.S. states, the conflict-of-laws questions are entering a new and more subtle stage of debate. Because marriages are not judgments for purposes of ...
Conflict of laws
(Center for International & Comparative Law at Duke Law School, 2008)
Excerpt of Patrick Borchers speaking at The New European Choice-of-law Revolution at Duke University on September 2, 2008. He was part of the first panel which spoke on contract and tort law.