The Present State of Choice of Law in the United States

1973 ◽  
pp. 361-369
Author(s):  
Willis L. M. Reese
Keyword(s):  
United States ◽  
Present State ◽  
The United States ◽  
Choice Of Law

Territoriality and Its Troubles

2020 ◽  
pp. 371-388
Author(s):  
George Rutherglen
Keyword(s):  
United States ◽  
Ad Hoc ◽  
The United States ◽  
Statutory Interpretation ◽  
Choice Of Law ◽  
Government Power ◽  
Case Count ◽  
Federal Statute

This chapter examines what the presumption against extraterritoriality means and how it operates. The presumption against extraterritoriality itself presumes a set of complicated rules about which features of a transnational case count: which features make a case territorial and within the scope of a federal statute because these features can be located within the United States or, if they cannot, make the case extraterritorial and outside the statute’s scope. The dependence of the presumption upon a network of other rules both complicates its operation and makes it a less than certain guide to statutory interpretation. The chapter then considers the justification for territorial allocation of government power generally, and addresses the question of whether any presumption about the territorial scope of statutes must await a new consensus on the appropriate rules of choice of law. It argues that the presumption against extraterritoriality requires a flexible interpretation that makes it more of a principle than a rule. From that premise, the chapter studies the choice between an ad hoc and a principled application of the presumption, both of which are exemplified in recent decisions.

The Crisis in Church-State Relationships in the U.S.A.

1999 ◽  
Vol 61 (4) ◽  
pp. 687-704
Author(s):  
John Courtney Murray
Keyword(s):  
United States ◽  
Present State ◽  
The United States ◽  
Intense Fear ◽  
Political Realities ◽  
The Church ◽  
Grave Danger

In this memorandum four points will be briefly made.First, a grave danger confronts the Church in the United States, because the Church is the object of a newly intense fear, distrust, and hostility. At the same time a new apostolic opportunity is being offered to the Church, because the Church is now the object of a new interest, curiosity, and sympathy.Second, one great obstacle hinders the Church in coping effectively with the danger confronting her. And the same obstacle also blocks her from making full use of the opportunity offered to her. This obstacle consists in the present state of development of the Church's doctrine on Church-State relationships. This doctrine has not yet been vitally adapted to modern political realities and to the legitimate democratic aspirations, especially as they have developed in the United States.

The Military Chartmaker

1977 ◽  
Vol 30 (1) ◽  
pp. 15-21
Author(s):  
Shannon D. Cramer
Keyword(s):  
United States ◽  
Present State ◽  
Armed Forces ◽  
The United States ◽  
George Washington ◽  
Continental Army ◽  
State Of Affairs ◽  
The Military

Like so many Americans in this Bicentennial Year I find myself reflecting more and more on our heritage, the present state of affairs and our future. As Director of the Defense Mapping Agency I am especially aware that I am in a line of succession that can be traced back to Robert Erskine, the first Geographer-Surveyor to the Continental Army under command of George Washington. This has naturally impressed upon me the more than 200-year service that my organization and its predecessors have rendered to the Armed Forces of the United States, and incidentally our maritime fleet.

The National Health Service in England

2018 ◽  
pp. 118-135
Author(s):  
Richard M. Titmuss
Keyword(s):  
United States ◽  
General Practice ◽  
National Health Service ◽  
Health Service ◽  
Medical Care ◽  
Present State ◽  
Historical Context ◽  
The United States ◽  
Historical Evolution ◽  
Patient Relationship

This concluding chapter reviews how, during the past decade, there has been an increasing volume of studies and reports on general practice in Britain, the United States, and other countries. No doubt much of this interest has been provoked by the growing impact of scientific developments on medicine over the same period. These have raised many questions about the present state of general practice, its historical evolution, and its future place in medical care. The chapter discusses the association of these developments with the changing character of demand for medical care and its effects on the doctor–patient relationship. It also looks at the questions of science and specialism in a broader historical context.

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