Articles

A Reexamination of the Distinction between "Loss-Allocating" and "Conduct-Regulating Rules"

Artificial Reproduction Technologies and Conflict of Laws: An Initial Approach

I. Introduction II. Assisted Reproductive Technologies III. The Legal Issues IV. The Role Of Mandatory Rules Of The Forum And Of Public Policy V. Conclusions

Book Review-Conflict of Laws: American, Comparative, International: Cases and Materials

I. Introduction II. Hardcopy Casebooks In The Electronic Age III. Conflict Of Laws In The New Millenium IV. Core Subject Matter And New Developments V The Academy And The "Outside World" VI. The Teacher's Manual VII. A Sampler A. The Neumeier Rules B. Constitutional Limitations C. Choice Of Law And Forum Clauses In International Contracts VIII. Conclusion

Choice of Law and Forum Clauses and the Recognition of Foreign Country Judgments Revisited Through the Lloyd s of London Cases

I. The Factual Background Of The Lloyd's Cases II. Pre-Emptive Efforts In The United States III. The English Judgments Stage Of The Controversy IV. What Can Be Done? V. Conclusion

Choosing Law and Giving Justice

Codification of Private International Law: Pros and Cons

I. The Sources Of Private International Law II. What Is Codification? III. What Areas Of Private International Law Are Better Adapted To Some Kind Of Legislative Action? IV. Some Reluctance To Codify Private International Law

Codifying Torts Conflicts: The 1999 German Legislation in Comparative Perspective

I. The German Codification Of 1999: Characteristic Features A. Closing The Gap B.Choosing Tort Law 1. The Ground Rule: Lex Loci With A Pro-Plaintiff Tack 2. Override I: The Common Home State Exception 3. Override Ii: The Closer Connection Escape Clause 4. Override III: Choice of Law by the Parties 5. The Order Of Analysis: Applying The Statute In Retrograde 6. Damages: Public Policy Limitations 7. Direct Action Against Insurers: Broad Permission 8. Addendum: Beware Of Renvoi! II. The Europea...

Conciliation of Laws in the NAFTA Countries

I. Nafta And The European Union II. Structures Of Conflict Avoidance III. Techniques Of Conflict Avoidance: Pleading And Proof Of Foreign Law IV. Conclusion

Conflicts Theory for Dummies: Après le Deluge, Where Are We on Producers Liability?

I. Introduction II. A Search For Meaning III. The Territorial And Personal Imperatives IV. Conflicts Perfectionism Versus The Inherent Difficulty In Applying National Law Within The "Global Village" V. The Questionable "Localism" Of Conflicts VI. The Perverse "Selfishness" Of Interest Analysis VII. Yes, Virginia, There Is "Conflicts Justice" (Herein Of The Conundrum With "Modern," "Just" Or "Best" Results)! VIII. Connecting Conflicts To Jurisdiction IX. The Symeonides Theory: On The Right Tra...

Courts Flailing in the Waters of the Louisiana Conflicts Code: Not Waving but Drowning

I. Introduction: Cases Studied II. Analysis Of The Cases A. Cases That Do Not Indicate Any Differences Between The Laws B. Cases In Which Different Laws Produce The Same Result C. Cases That Fail To Apply A Special Statutory Choice-Of-Law Rule D. Cases that Got It Right III. Conclusion

Essay: Shakespeare s Contribution to the Teaching of Comparative Law-Some Reflections on The Merchant of Venice

I. Introduction II. Importance Of The Notary In The Civil Law Legal Systems III. Validity Of The Contract IV. The Penalty Clause A. Background B. The Pound Of Flesh: Specific Performance And The Civil Law V. The Decision Of The Court VI. Two Pervasive Civil Law Doctrines A. Abuse Of Rights B. Contra Bonos Mores C. The Relationship Between Causa And Contra Bonos Mores VII. Sentencing And Punishment VIII. Conclusion

Every Conflicts Decision is a Promise Broken

Foreword Symeon C. Symeonides: A Tribute

International Antitrust: From Extraterritorial Application to Harmonization

I. The Worldwide Boom Of Competition Law And Its Harmonization II. Is Extraterritorial Application Sufficient? III. Enforcement Deficits IV. The Competition Of Competition Legislation V. The Feasibility Of Harmonization VI The Goals Of Harmonization VII A Pragmatic Approach

Louisiana s Conflicts Codification: Some Empirical Observations Regarding Decisional Predictability

I. Introduction II. Louisiana Conflicts Law: Before And After III. Methodology IV. The Results VI. Conclusion

Of Immovables, Component Parts, Societal Expectations, and the Forehead of Zeus

I. Introduction II. The Law That Is III. The Law That Was A. Interpretation And Application Of Article 467: Things "Connected With Or Attached To A Building" B. Interpretation And Application Of Articles 468 And 469: "Permanent Attachment" IV. Article 466 And Ghosts Of The Past V. Article 466 In The Courts A. A Cause Célébre: Equibank v. United States B. The Equibank Legacy VI. Paroxysmal Jurisprudence:Ruling From The Top Of Mount Olympus A. The Mythology Of "Societal Expectations" VII. Concl...

Oregon s Project to Codify Choice-of-Law Rules

I. Background A. The Choice-Of-Law Project II. Oregon's Choice-Of-Law Approach A. Background B. The Case Law: 1964-85 C. The Case Law: 1986 To The Present III. Statutory Opportunities A. Choice-Of-Law Rulemaking B. The Alternatives For Oregon IV. Conclusion Annex Oregon Choice-Of-Law Cases: 1986-2000 (In Reverse Chronological Order) State Cases Annex Oregon Choice-Of-Law Cases: 1998-2000 (In Reverse Chronological Order) Federal Cases

Private International Law Aspects of Registered Partnerships and Other Forms of Non-Marital Cohabitation in Europe

I. New Forms Of Non-Marital Cohabitation In Europe II. Various Answers To The Private International Law Questions Arising From The New Regulations III. Private International Law Regulations On Non-Statutorily Regulated Cohabitation Outside Marriage IV. Non-Marital Cohabitation On The Agendas Of International And European Organizations V. On The Road Towards International Regulation

Revolution and Evolution in Conflicts Law

I. Revolution II. Evolution A. National Developments 1. Switzerland 2. Germany 3. United Kingdom 4. Netherlands B. International Development 1. Beneleux Project Of 1969 2. Hague Convention On Traffic Accidents Of 1971 3. European Draft Convention On Non-Contractual Relation Of 1972/1999 4. Groupe Européen De Droit International Privé III. Solutions

Sale or Collection of Assets Levied Upon

I. Introduction II. Central European Systems III. Romanic Legal Systems IV. Spanish Legal Family V. Scandinavian Countries VI. Common Law VII. Former Socialist Countries VIII. Far Eastern Countries IX. Conclusion

The Applicable Law on Divorce and the "Ordre Public" Reservation in Greek Conflict of Laws

I. Introduction II. Applicable Foreign Law On Divorce And Legal Separation And The Ordre Public Reservation III. The Incidental Question Of Divorce And Of Legal Separation And The Ordre Public Reservation IV. One Last Word

The Impact of EC Legislation for a Service Provider Established in the United States

I. When Anatole And Buena Vista Meet On The Internet II. When Is A Consumer Protected By European Community Law? A. The Rome Convention On The Law Applicable To Contractual Obligations B. The Directive On The Protection Of The Consumer In Respect Of Distance Contracts C. The Directive On Electronic Commerce III. Concluding Thoughts

The Lex Mercatoria and Private International Law

I. Conflictualism And Internationalism II. The Problems With Private International Law III. International Rules And Principles In Current Practice IV. Is There A Role For The Lex Mercatoria In Private International Law? A. Justice Story And The Lex Mercatoria B. Party Autonomy And The Unidroit Principles C. Choice-Of-Law Conventions D. Domestic Choice-Of-Law Statutes E. Creating A Ius Commune By Means Of Choice-Of-Law Rules

The Louisiana Codification and Tort Rules of Choice of Law

I.Introduction II. Tort Rules Of Choice Of Law III. The Louisiana Codification And Tort Rules Of Choice Of Law IV. A Concluding Note

The Private International Law Rules of the New Special Administrative Region of Macau of the People s Republic of China

I. Introduction II. The General Provisions A. Law Of Aliens B General Conflict Of Laws Problems III. The Specific Choice Of Law Rules A. The Personal Law B. Obligations C. Real Rights D. Family Relationships E. Cohabitation IV. Conclusion

Topics of Procedure in the Venezuelan 1998 Act on Private International Law

I. Historical Background II. Contents Of The 1998 Act On Private International Law III. Domicile IV. Rules On International Civil Procedure V. Conclusion