Now showing items 1-10 of 88
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 ...
One step forward and two back: Missed opportunities in refining the United States minimum contacts test and the European Union Brussels I Regulation
In 2011, the U.S. Supreme Court decided two cases regarding the scope of the "minimum contacts" test for permissible exercises of personal jurisdiction. In one case, relying on ill-defined notions of sovereignty, a plurality ...
Emergence of quasi rules in U.S. conflicts law
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 ...
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 ...
Conflict of laws: Cases and materials
(Foundation Press, 2009)
Look forward, a look back: Juenger's first major conflicts article
(Transnational Publishers, 2001)
Jurisdiction to adjudicate revisited
(Transnational Publishers, 2002)