Blog Posts: Conflict of Laws

Prof. Ann Estin on child welfare in abduction and asylum proceedings

Numbers of unaccompanied minors taken into custody at the United States's southern border have nearly doubled in the last year. The dramatic increase has strained U.S. courts, particularly where international legal obligations are involved. University of Iowa law Prof. Ann Estin argues that U.S. courts are up to the challenge.

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No Comments | Posted by Elizabeth M. Hutchens on Mon. August 1, 2016 8:00 AM
Categories: Children's rights, Conflict of Laws, Hague Convention, Refugees/Asylum, Symposium

FIFA corruption scandal raises unique issues in extradition law

The FIFA scandal raises novel issues in the law of extradition and in U.S. courts' extraterritorial jurisdiction.
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No Comments | Posted by Joseph A. Fleishman on Sun. January 24, 2016 7:56 AM
Categories: Conflict of Laws, Corruption, Criminal Law, Extradition, Reports (longer, analytical blog posts), United States

SAS wins $79m judgment after finessing comity and collateral estoppel

A $79 million judgment for SAS earlier this month was based on the software company’s federal copyright claim and various state-law claims, but it also depended on comity and several other principles of international law.


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No Comments | Posted by Christopher R. Bagley (Chris) on Sun. October 25, 2015 3:33 PM
Categories: Conflict of Laws, European Union, Intellectual property, United Kingdom, United States

EU proposal for TTIP trade deal: a new model for dispute resolution?

The European Commission's draft proposal aims to improve a system that is sometimes seen as allowing multinational corporations to evade regulations in the countries where they invest.


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1 Comment | Posted by Nicholas S. Millington on Fri. October 2, 2015 12:12 AM
Categories: Conflict of Laws, Direct foreign investment, European Union, Free Trade, International Dispute Resolution, United States

Plus ça change, plus c’est la même chose: The more things change, the more they stay the same

“Comity” remains the most important principal governing recognition of foreign-country judgments; Professor Ronald Brand breathed new life into Hilton last month at the ILJ symposium. Brand, a professor of international law at Pitt, argued that long-ignored dictum from Hilton could help nations resolve their two fundamentally different approaches to judgment recognition.


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Posted by Christopher R. Bagley (Chris) on Fri. February 6, 2015 8:45 AM
Categories: Conflict of Laws, Symposium

Multilateral Environmental Agreements and U.S. Judicial Review

The focus of Professor Knox’s discussion was the role of courts in reviewing multilateral environmental agreements, and whether or not the political question doctrine shields these agreements from judicial review.


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Posted by Lisa Marie Taylor (Lisa Marie) on Fri. February 6, 2015 8:41 AM
Categories: Conflict of Laws, Symposium, United States

Ronald Brand on the Importance of Judgement Recognition Among Nations

Professor Ronald Brand spoke on the importance of judgment recognition among nations at The North Carolina Journal of International Law and Commercial Regulation Symposium on Friday, January 30, 2015. His lecture, titled “Understanding Judgments Recognition,” highlighted the significant developments in this area over the past fifteen years in the European Union (EU), the United States, and on a global front.


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Posted by Jessica L. Watts on Fri. February 6, 2015 8:16 AM
Categories: Conflict of Laws, International Dispute Resolution, Symposium

Does State Marijuana Legalization Violate International Law?

The United States broke boundaries in 2012 when two states, Washington and Colorado, became the first U.S. states to legalize recreational marijuana use.  The trend continued in 2014, when voters in Oregon, Alaska, and Washington, D.C. voted to approve recreational marijuana legalization.  But, in doing so, the U.S. did not just indicate a major shift in its own long-standing national policy – it violated international law.
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No Comments | Posted by Michael B. Cohen on Sun. November 23, 2014 8:56 PM
Categories: Conflict of Laws, Drugs and other contraband, United Nations

Sneak Preview: Public Policy and the Recognition of Foreign Judgments in Canada

By: Lucien J. Dhooge

This article analyzes Canadian litigation captioned Yaiguaje v. Chevron Corporation which seeks recognition of an $18.2 billion judgment entered in Ecuador in 2011 in what has been labeled as one of the world’s largest environmental lawsuits. The article examines Chevron’s involvement in Ecuador through its predecessor in interest (Texaco) and the history of proceedings in Ecuador, Canada, and the United States and before the Permanent Court of Arbitration. The article then discusses the recognition of foreign judgments in Canada with emphasis upon the public policy defense. The article concludes that utilization of this defense presents significant issues affecting the reputation and credibility of the Canadian judiciary and its liberal approach with respect to recognition of foreign judgments.


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No Comments | Posted by Stephen A. Moore on Fri. November 8, 2013 8:00 AM
Categories: Canada, Conflict of Laws

Sneak Preview: State v. Gutierrez: International Law Gets Its Day in [State] Court

Carlos Gutierrez (Gutierrez) spent a year abusing Mailin Stafford (Mailin), his three-year-old stepdaughter, for sucking on her thumbs. He subjected her to frequent beatings and spankings, forced her to eat chili peppers and Tabasco sauce and threw her into freezing cold showers until she began to drown or turn blue. On June 15, 2004, Gutierrez punched her in the stomach one last time before she crawled onto his lap and died. A three-judge panel sentenced Gutierrez to death.


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No Comments | Posted by Debolina Das on Mon. November 4, 2013 8:00 AM
Categories: Conflict of Laws, International Human Rights

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