Topic
Conflict of Laws
Posts
-
CommentaryVol. 103 · Iss. 3
Havens for Corporate Lawbreaking
Whether corporations are obligated to maximize profits or if they ought to consider societal interests more broadly remains one of the most highly contested…
William J. Moon -
ArticleVol. 102 · Iss. 4
The Future of Jurisdiction
A new paradigm for conceptualizing the doctrine of personal jurisdiction is long overdue. In the nineteenth century, the U.S. Supreme Court established a firm…
Paul Schiff Berman -
NoteVol. 100 · Iss. 4
WIPO Arbitration: A Promising Solution to the Injunction Chaos of Frand Disputes
Introduction The legal battles in the telecommunications industry are fierce. The fact that no single industrial player is the single global leader in 5G…
Yi Chen -
ArticleVol. 87 · Iss. 4
The Procedural Foundation of Substantive Law
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also…
Thomas O. Main -
ArticleVol. 87 · Iss. 4
The Procedural Foundation of Substantive Law
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also…
Thomas O. Main -
ArticleVol. 94 · Iss. 1
Judging Foreign States
Famed foreign relations law principles, including the act of state doctrine, the public law taboo, and Zschernig’s foreign affairs preemption, rely on the notion…
Zachary D. Clopton -
ArticleVol. 95 · Iss. 4
Algorithmic Entities
In a 2014 article, Professor Shawn Bayern demonstrated that anyone can confer legal personhood on an autonomous computer algorithm by putting it in control…
Lynn M. LoPucki -
NoteVol. 96 · Iss. 1
Mahr Provisions and the Case for Shari’a Arbitration
The global Muslim population is currently estimated at 1.8 billion people, comprising twenty-four percent of the total global population. The United States alone is…
Cora Allen -
ArticleVol. 92 · Iss. 3
Resolving Intrastate Conflicts of Laws: The Example of the Federal Arbitration Act
Choice-of-law analysis is typically thought of as confined to the multistate setting. This is a mistake. To the contrary, conflicts often appear between statutes…
Andrew D. Bradt -
ArticleVol. 90 · Iss. 6
Personal Jurisdiction in a Global World: The Impact of the Supreme Court’s Decisions in Goodyear Dunlop Tires and Nicastro
In June 2011 the Supreme Court decided two momentous personal jurisdiction cases: one, Goodyear Dunlop Tires Operations v. Brown, limited general jurisdiction to its…
John N. Drobak -
ArticleVol. 90 · Iss. 3
Merger Class Actions in Delaware and the Symptoms of Multi-Jurisdictional Litigation
Recent research on corporate litigation has focused on three trends: the growth in percentage of mergers that result in litigation, the migration of cases…
Adam B. Badawi -
ArticleVol. 90 · Iss. 3
Disaggregating
This Article explores a central theme that ties together rationales to exit aggregation of tort claims: disaggregating helps to protect litigants’ substantive rights and…
Elizabeth Chamblee Burch