Open Access. Powered by Scholars. Published by Universities.®

Conflict of Laws Commons

Open Access. Powered by Scholars. Published by Universities.®

1,461 Full-Text Articles 890 Authors 1,034,929 Downloads 97 Institutions

All Articles in Conflict of Laws

Faceted Search

1,461 full-text articles. Page 1 of 31.

Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Property, Exclusivity, And Jurisdiction, James Y. Stern 2019 William & Mary Law School

Property, Exclusivity, And Jurisdiction, James Y. Stern

James Y. Stern

No abstract provided.


Choice Of Law, The Constitution And Lochner, James Y. Stern 2019 William & Mary Law School

Choice Of Law, The Constitution And Lochner, James Y. Stern

James Y. Stern

No abstract provided.


Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman 2019 William & Mary Law School

Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman

Nathan B. Oman

One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure ...


The Return Of The Unprovided-For Case, Michael S. Green 2019 William & Mary Law School

The Return Of The Unprovided-For Case, Michael S. Green

Michael S. Green

No abstract provided.


Mmawc, Llc V. Zion Wood Obi Wan Trust, 135 Nev. Adv. Op. 38 (Sep. 5, 2019), John McCormick-Huhn 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Mmawc, Llc V. Zion Wood Obi Wan Trust, 135 Nev. Adv. Op. 38 (Sep. 5, 2019), John Mccormick-Huhn

Nevada Supreme Court Summaries

The Court determined that the Federal Arbitration Act (“FAA”) preempted NRS § 597.995, which required any agreement containing an arbitration provision to also provide affirmative authorization to the arbitration by the agreement’s parties.


Law Matters -- Less Than We Thought, Daniel M. Klerman, Holger Spamann 2019 USC Law School

Law Matters -- Less Than We Thought, Daniel M. Klerman, Holger Spamann

University of Southern California Legal Studies Working Paper Series

In a pre-registered 2×2×2 factorial between-subject randomized lab experiment with 61 federal judges, we test if the law influences judicial decisions, if it does so more under a rule than under a standard, and how its influence compares to that of legally irrelevant sympathies. The judges were given realistic materials and a relatively long period of time (50 minutes) to decide a run-of-the-mill auto accident case. We find weak evidence for the law effect, stronger evidence that rules constrain more than standards, and no evidence of a sympathy effect. Unexpectedly, we find that judges were more likely to ...


Due Process Supreme Court Rockland County, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Second Department, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


Due Process People V. Scott (Decided June 5, 1996), 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.


Due Process Court Of Appeals, 2019 Touro College Jacob D. Fuchsberg Law Center

Due Process Court Of Appeals

Touro Law Review

No abstract provided.


China's Rule Of Law From A Private International Law Perspective, King Fung Tsang 2019 Chinese University of Hong Kong

China's Rule Of Law From A Private International Law Perspective, King Fung Tsang

Georgia Journal of International & Comparative Law

No abstract provided.


The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo 2019 St. Mary's University School of Law

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for ...


Safe Injection Sites And The Federal "Crack House" Statute, Alex Kreit 2019 Thomas Jefferson School of Law

Safe Injection Sites And The Federal "Crack House" Statute, Alex Kreit

Boston College Law Review

Safe injection sites have become the next battlefield in the conflict between state and federal drug laws. A safe injection site is a place where injection drug users can self-administer drugs in a controlled environment under medical supervision. They have been operating in other countries, including Canada, for decades, and a wealth of evidence suggests that they can help to reduce overdose deaths. To date, however, no United States city or state has sanctioned a safe injection site. Until recently, safe injection sites were politically untenable, seen as a form of surrender in the war on drugs. This dynamic, however ...


Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon 2019 University of Arkansas, Fayetteville

Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon

Arkansas Law Review

Imagine that you practice as an attorney in the State of Arkansas. A client solicits your advice about opening a marijuana dispensary or cultivation center. The client might want you to assist him in filing a dispensary application with the State. On the other hand, she might want you to negotiate a commercial lease or to provide services to ensure compliance with municipal zoning laws. Although Arkansas voters approved a constitutional amendment permitting medical marijuana sales, you provide a clear warning to your client: possessing, manufacturing, selling, and distributing marijuana remains a federal crime. After these precautions, however, you proceed ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen 2019 Penn State Dickinson Law

A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen

Dickinson Law Review

President Trump’s executive order rescinding federal funds from “sanctuary jurisdictions” has brought a critical, but overlooked, question of constitutional law to the forefront of the political debate: how does the Spending Clause apply to local governments? The purpose of the Spending Clause is to empower the federal government to bargain with the states to enact policies it cannot enact itself. This power, however, is constrained within the confines of federalism. The Supreme Court has sought to restrict the Spending Clause by crafting the Dole-NFIB framework, a test to determine whether a federal grant has compromised federalism. At its ...


Legal Jurisdiction And Virtual Social Life, Paul Schiff Berman 2019 George Washington University Law School

Legal Jurisdiction And Virtual Social Life, Paul Schiff Berman

Catholic University Journal of Law and Technology

Social lives are increasingly unmoored from physical location. 21st century developments in social media, virtual worlds, augmented reality, electronic financial transactions, drones, robotics, and artificial intelligence allow human beings to interact in more and more robust ways at a physical remove from their location. Meanwhile, the ubiquity of multinational corporations, global supply chains, and cloud-based data all mean that our lives are more likely to be affected by activity that is spatially distant. Virtual effects often replace direct territorial effects.

Three important consequences flow from this ubiquitous technology-enabled, data-driven virtual global societal activity. First, the territorial location of data ...


Digital Commons powered by bepress