Now showing items 11-20 of 83
Conflict of laws
Jurisdiction and private international law
(Edward Elgar, 2014)
American conflicts law
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 ...
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 ...
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 ...
Nebraska choice of law: A synthesis
Although U.S. choice-of-law (or conflict-of-laws) principles have been notoriously unstable and have led to unpredictable results, matters may be settling down to the point where conflicts rules or near-rules are emerging. ...
Conflict of laws
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 ...