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Internal Law Distinctions in the Conflict of Laws

Details: of Laws, Section 7 of which provides in part:" . . . in all cases where as a preliminary to determining the choice of law it is necessary to determine the quality and character of legal ideas, these are determined by the forum according to its law."5 The second method is the adoption of the content or definition of the

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More Notes on Methods and Objectives in the …

Details: laws."I At first, Currie observes, the judges try to hide what they are doing, even from themselves. Rather than admit that they are assigning priorities to the policies of sovereign states, they talk about "metaphysi-cal questions concerning the nature of law and its abstract operation in space

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The Need for the Harmonisation of Trade Laws in …

Details: laws.6 Every country has its own legal traditions, legal thought, method of law-making and its own process of judicial determination of disputes. The achievement of several of the objectives of the Treaty will require the taking of legal measures to eliminate customs duties and adoption of a common external customs tariff and to eliminate non

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"Law and the Media: An Overview and Introduction" by

Details: Law and the media have become inescapably intertwined. Because a relatively small proportion of the public has direct experience with the justice system, public knowledge and views of law and the legal system are largely dependent on media representations (Surette, 1984). Indeed, law, crime, and justice are frequent topics of media coverage.

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Legal Treatment of Cohabitation in the United States

Details: exists in the laws governing cohabitants, and increasing differences between the treatment of same-sex and opposite-sex couples as well. Whether the extension of benefits to the former will ultimately hurt or help the latter remains a question. Indeed, whether extension of marriage-like benefits to gay

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H.L.A. Hart on Justice

Details: laws is that they fail to conform to accepted standards of justice. Finally, Hart says that justice is a "distinct segment of moral- ity" (153). Usually 'just' and 'unjust' are used as terms of moral appraisal, but there appear to be important exceptions to this. Thus, for example, if a …

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Regulating Lobbyists: Law, Ethics, and Public Policy

Details: REGULATING LOBBYISTS been adopted to govern the conduct of lobbyists. Yet, many of those laws are so weak5 or incomplete6 that they do little to advance the cause of good government.7 Even the reforms recently passed by Congress8 are said by lobbyists to …

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Executive Order 12,333: The Permissibility of …

Details: 1992 Assassination of Foreign Leaders euphemism in instructions.23 While these techniques were designed to enable the President and senior officials to deny knowledge of an opera-tion should it be discovered, they also generated confusion regarding

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"A Conversation with Greg Alexander, A. Robert Noll

Details: Professor Gregory S. Alexander, an internationally renowned expert in property law and theory, has taught at Cornell Law School since 1985. Following his graduation from Northwestern University School of Law, he clerked on the U.S. Court of Appeals for the Sixth Circuit. After a year as a Bigelow Fellow at the University of Chicago Law School, Alexander became a professor at the University of

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"Replacing Myths with Facts: Sex-Selective Abortion …

Details: Laws banning sex-selective abortion purport to combat gender discrimination. However, the text of the laws and the statements made in support of the bans during legislative hearings make it clear that they are intended to place restrictions on abortion services generally.

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Digitizing the World's Laws

Details: laws can only become effective if they are published and made known to citizens. Before the internet, typically the law entered into force a number of days after its publication in the country’s official gazette, so that there would be enough time to send it to various places. In

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Relation of the Patent Law to the Federal Anti-Trust …

Details: to the Federal Anti-Trust Laws HoRAcE R. LAMB* The historical precedents for the modem patent statute and the existing federal anti-trust laws may be found in the English law during the reign of the Tudors, particularly Elizabeth and James I. During this period, as …

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The Law of Customs and Usages

Details: the customary laws prevailing in England and the United States, we would require numerous large volumes, and fin-ally would be obliged to give up the task with a penetra-tion tv a darkness of uncertainty whether it is derived from custom or religian or scientific discussion. But is a large voluminous work the purpose of my present treatise? No.

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Law vs. Public Policy: A Critical Exploration

Details: with "a government of laws and not of men."'2 There was, of course, the common law, whose continuation after independence was never ques-tioned even by the most radical anti-British revolutionaries. The Consti-tution was more modern, however, in its grounding of law in legislation.

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'Is' and 'Ought' in Legal Philosophy

Details: 158 . ROBERT S. SUMMERS . as some of the criteria for use of 'legal system ', and if, on a particular occasion, A were to say " There is a legal system in Bodia ", would not A

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Codification and Preservation of the Roman Law

Details: laws uion laws, constitutions upon sonstitutions, each succeeding monarch adding new material to this mammoth structure. At the beginning of the fifth ventury, theoretically the Romans continued to regard as the sources of law, the ancient decrees of the people, the senatus-consulta, the edicts of the magistrates, and the imperial constitutio~nr.

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Extra-Territorial Effect of State Insolvency Laws

Details: laws are important; and in the present day of great busi-ness ventures, when an insolvent often has both debtors and creditors in two or more states, the question of the ex-tra-territorial effect of the laws of each becanes of the greatest importance, for upon that effect frequently depends. U the distribution of a large part of the insolvent's

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Extraterritorial Application of Federal Labor Laws

Details: United States labor laws, however, have generally been an excep-tion to extraterritorial application. 15 This policy recognizes the legiti-macy of local control over employment relationships within a foreign sovereign's territorial boundaries.'6 In 1984, however, Congress devi-

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Consumer Protection in Choice of Law

Details: CONFLICT OF LAWS (2001) [hereinafter POLICY AND PRAGMATISM]. Also, see the contribu-tions in JORGEN BASEDOW & TOSHIYUKI KONO, AN ECONOMIC ANALYSIS OF PRIVATE INTERNA-TIONAL LAW (2006). 7. In addition, there is a German monograph forthcoming. GIESELA RuHL, STATUT UND EFFIZIENZ.

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Ghanaian Law: Its Evolution and Interaction with …

Details: All Imperial laws declared to extend or apply to the jurisdiction of the Courts Republic of Ghana. This Assembly was the old National Assembly. The rate at which the numbered enactments are growing convinces the author that very soon it will be cumbersome to cite a …

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State Employer Sanctions Laws and the Federal …

Details: ment of immigration laws at the federal level and have seized upon the opportunity to curb illegal immigration within their own states.16 Some of these states have resorted to the enactment of more stringent immigra-tion laws, employing methods such as employer sanctions.17 One such state is …

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Law-and-Economics Approaches to Labour and …

Details: laws regulating the workplace, although scholars focused on the laws regulating unions. Increasingly since 1990, ‘labour law’ regulates unions and ‘employment law’ comprises all the other laws regulating the workplace. With ‘labour law’ no longer covering the …

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Title 14 New York Choice of Law Rule for …

Details: LAWs § 176 (1962) (honoring governing law clauses promotes private contracting by assuring parties that judicial interpretation will conform to their intent). 19 EHRENZWEIG, supra note 18, at § 176. 20 RESTATEMENT (SECOND) OF CONFLICT OF LAws §§ 187, 188 (1971). 21 Id. § 188. 22 Id. § 187(2)(a). 23 Id. § 187(2)(b).

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Replacing Myths with Facts: Sex-Selective Abortion …

Details: Laws banning sex-selective abortion are proliferating in the United States. Eight states have enacted laws prohibiting sex-selective abortion.2 Twenty-one states and the federal government have considered such laws since 2009. Those laws prohibit the performance of …

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Mining Legislation and Mineral Development in …

Details: the laws must create a regime which is conducive to the mining indus-try, thereby attracting investment and innovation. This Article exam-ines the legal framework for mining in Zambia, and examines the extent to which Zambian mining achieves the goal of maximizing eco-nomic benefit.

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International Law in Domestic Courts: A Conflict of …

Details: laws provides such a hermeneutic. In other words, conflicts is not simply one more solution to a well-known problem-yet another concept to be added to Walker's list. Rather, conflict of laws is a better formulation of the problem. Seeing the parallel with conflict of laws brings a …

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Efficiency of Managed Care Patient Protection Laws

Details: has enacted laws designed to protect consumers from the perceived ill-effects of managed care.' State legislatures have enacted perhaps as many as 1000 patient protection laws nation wide,2 and lawmakers are introducing new legislation at a rate of as many as 1000 bills per year by some estimates.3 The most active state, Vermont, alone has passed

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Enacting National Environmental Laws More …

Details: to harmonize laws which restrict trade. Alternatively, the Court may judicially invalidate Member States' laws that contravene Treaty provi-ber States agree to abolish barriers of all kinds, to harmonize national laws, to approximate legislation and tax structures, and to strengthen monetary cooperation. Id.

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International Law in Domestic Courts: A Conflict of …

Details: The “conflict-of-laws machine,” we argue, is a way to reach a result without yielding to arbitrariness in the face of otherwise insurmountable complexity. Accordingly, we describe our larger project. 6 as “theory through technique.” This project will use private international

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Interspousal Immunity in the Conflict of Laws …

Details: First, state laws have been shifting toward allowing a dis-tribution of those losses that are an inevitable aspect of life in a modern industrial society.18 Second, there is a tendency in the conflict of laws to select an appropriate law that protects "socially favored legal arrange-

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The New Chinese State Secrets Law

Details: duction to the State Sec'ets Laws of the People's Republic of China, 2 CHINA L. REP. 267 (1983). 2. 1951 Regulations, supra note 1, art. 1. 3. See Zhonghua Renmin Gongheguo Baoshou Guojia Mimi Fa [Law of the Peo-ple's Republic of China on the Preservation of State Secrets] (adopted and promul-22 CORNELL INT'L LJ. 255 (1989)

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Transdisciplinary Conflict of Laws Foreword: …

Details: laws added further doctrinal details of private international law to the economic modeling.' The infusion of political-science analyses into private international law has followed a similar trajectory, though on a smaller scale. For a long time, invocations of political ideas in the field amounted to little more than sound

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No Joy in Mudville Tonight: The Impact of Three …

Details: bitual or repeat offender laws were not new to the American criminal justice system,12 the intensity of support for three strike laws - 74% of the American public supporting these laws in 199413 - led to the passage of these laws by twenty-two states and the federal government between 1993 and 1995.

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Documenting Death: Public Access to Government …

Details: Under freedom of information laws, government agency records are gen-erally open for public inspection and copying. Death records held by the government appear to fall easily within the scope of the freedom of information laws' reach because government agencies create and maintain these documents, which serve as "perma-

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The Conflict of the Marriage Laws in the United States

Details: the discussion of the marriame laws of the diffeient states. Since the time of Judge Story, the subject of the con-flict of laws has greatly increased in importance, and sever-al eminent writers have written treatises on the subject. Ir. Wharton published his work in 1872. It is a large book,

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Conflict of Laws Cases-Comments-Questions

Details: Conflict of Laws: Cases-Comments-Questions (2d ed.). ROGER C. CRAMTON, DAVID P. CURRIE & HERMA H. KAY. St. Paul, Min-nesota: West Publishing Co. 1975. Pp. lii, 1021. $18.50. On Reading Cramton, Currie & Kay-Reflections and Prophecies for the Age of Interest Analysis I shall not keep the reader in suspense. The second edition of

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How Law Is Formal and Why It Matters

Details: University of Helsinki, 1990; Doctor of Laws, Honoris Causa, University of G6ttingen, 1994. 1165. CORNELL LAW REVIEW G. Appropriate Form in Precepts, in Basic Functional Elements, and in the System as a Whole, Extends and Enriches the Possible Goals and Means of Social and

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A Discussion of the Constitutionality and Operation …

Details: Option and License Laws. 'The object of the present paper is to discuss the constitutionality of such laws when passed, their relative operation, and from the contrast thus drawn, determine which wv is the most expedient and beneficial for a state to adopt and place upon the Statute Books. power" of such sta ,e .

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Choice of Law to Determine the Validity and Effect …

Details: Conflict of Laws, the leading English text, attempted in its first edition to cover the laws of both countries.10 The casual observer may consider it odd that English and Ameri-can conflicts laws should be thought to be so similar. First, most Ameri-can conflict of laws cases are interstate, whereas most English cases are international.

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Legal Pragmatism in the People's Republic of China

Details: laws.4 These Instructions stated: The judicial organs should educate and transform the judi-cial cadres with a spirit that holds in contempt and criticizes the Six Laws of the Nationalists and all reactionary laws and regulations, and holds in contempt and criticizes all the anti-people laws

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African Customary Law, Customs, and Women's …

Details: 11, 2 LAws OF REP. OF ZAMBIA (2002) § 2. The problem is with the manner in which it was introduced in that it raises many questions: what law, relevance. See W.L. Church, The Common Law and Zambia, 6 Indiana Journal of Global Legal Studies Vol. 18 #1 (Winter 2011) …

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Why Are Business Corporation Laws Largely Enabling

Details: ness corporation laws presents four main facets. One is to free the par-ticipants in the corporate venture from the fetters that had accumu-lated through the centuries in corporate enterprise (many going back to mercantilism days of regulated economy and reflecting notions of "con- cession" from the Sovereign), and to put the arrangements for

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Alienation of Affections in the Conflict of Laws

Details: flict of Laws 75 (2d ed. 1958). 4 See the author's studies on "Adhesion Contracts in the Conflict of Laws," 53 Colum. L. Rev. 1072 (1953); "The Real Estate Broker and the Conflict of Laws," 59 Colum. L. Rev. 303 (1959); "The Statute of Frauds in the Conflict of Laws: The Basic Rule of Valida-tion," 59 Colum. L.

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Equality as the Primary Constitutional Value: The …

Details: 7 Act of December 1831, ch. 94, 1845 Md. Laws (outlawing all religious meetings for blacks except those conducted by whites); Act of 1847, § 2, 1847 Mo. Laws at 104 (prohibit- ing blacks from preaching unless a sheriff or other police officer was present to "prevent all

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Antidumping Laws As Barriers to Trade--The United …

Details: dumping laws, and the protectionist potential of these laws. Section III discusses efforts to curb the protectionism of antidumping laws through international agreement.10 Section IV discusses implementation of the International Antidumping Code in the signatory countries, which in-clude all the Western trading nations and Japan.

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Understanding HIV-Specific Laws in Central America

Details: American laws represent national aspirations toward a reasonable response to the epidemics. I conclude, albeit tentatively, that a nation’s aspirations toward safeguarding individual rights, while tracking heightening international standards, nonetheless are profoundly challenged as the

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Organized Professional Team Sports and the Anti …

Details: THE ANTITRUST LAWS Samuel R. Pierce, Jr..* To what extent, if any, should organized professional team sports' be exempt from the federal antitrust laws? This problem has received substantial consideration by the judiciary and Congress, but to date remains unresolved. An analysis of this perplexing question together

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