scholarly journals Introduction to Symposium on the Third Restatement of Conflict of Laws

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 137-138
Author(s):  
Carlos M. Vázquez
Keyword(s):  
United States ◽  
New York ◽  
The United States ◽  
Law School ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Court Of Appeals ◽  
The Third ◽  
American Law

The American Law Institute (ALI) has recently embarked on the project of elaborating a new Restatement of Conflict of Laws. Its first two Restatements on this subject have been enormously influential. The Ali began its work on the First Restatement in 1923, naming Joseph Beale of the Harvard Law School as its Reporter. Adopted in 1934, the First Restatement reflected the highly territorialist approach to the conflict of laws that had long prevailed in this country. Even before the First Restatement’s adoption, the First Restatement’s territorialist approach, and the “vested rights” theory on which it was based, was subjected to intense scholarly criticism. Nevertheless, the First Restatement’s approach continued to prevail in the United States until the New York Court of Appeals initiated a “choice-of-law revolution” in the early 1960’s with its decision inBabcock v. Jackson. Although most states have departed from the First Restatement’s approach, the First Restatement retains its adherents. Ten states continue to follow the First Restatement for tort cases and twelve states for contract cases.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Fraud and Abuse: United States ex rel Merena v. SmithKline Beecham Corp.; United States ex rel Spear v. SmithKline Beecham Clinical Lab.; United States ex rel Grossenbacher v. SmithKline Beecham Clinical Lab.

2000 ◽  
Vol 28 (2) ◽  
pp. 191-193 ◽  
Author(s):  
Allyson Behm
Keyword(s):  
United States ◽  
Health Care ◽  
Health Care Providers ◽  
Laboratory Tests ◽  
The United States ◽  
Care Providers ◽  
Individual Analysis ◽  
Court Of Appeals ◽  
The Third ◽  
The Government

The United States Court of Appeals for the Third Circuit held that when quitam relators file a multi-claim complaint under the Fraudulent Claims Act (FCA), their share of the proceeds must be based on an individual analysis of each claim. More importantly, the court held that relators are not entitled to any portion of the settlement of a specific claim if that claim was subject to dismissal under section 3730(e)(4) Relator Merena filed a quitam suit against his employer, SmithKline Beecham (SKB), claiming, among other things, that SKB defrauded the government by billing for laboratory tests that were not performed, paying illegal kickbacks to health care providers, and participating in an “automated chemistry” scheme. Soon thereafter, additional relators filed suit.

Coda

2011 ◽  
Author(s):  
Simon Gikandi
Keyword(s):  
United States ◽  
New York ◽  
The United States ◽  
The Third ◽  
Lower Manhattan ◽  
Involuntary Servitude

This chapter describes three events. The first is Republican representative from New York James Tallmadge Jr.'s proposed amendment to the to the bill seeking to grant statehood to Missouri. On February 13, 1819, he proposed that “the further introduction of slavery or involuntary servitude be prohibited” in Missouri as a condition for its entry into the union and that “all children of slaves, born within the said state, after admission thereof into the union, shall be free at the age of twenty-five years.” The second is the discovery in June 1991 in Lower Manhattan of the remains of four hundred Africans, mostly slaves, some of whom had been buried as early as the 1690s. The third is Barack Hussein Obama's inauguration as the forty-fourth president of the United States on January 20, 2009.

Free Speech in the Balance: An Examination of Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme for its Bearing on Conflict of Laws, Global Free Speech, and the International Regulation of the Internet

Global Jurist ◽  
2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Andrew J. Ziaja
Keyword(s):  
United States ◽  
Free Speech ◽  
The United States ◽  
The Internet ◽  
International Regulation ◽  
Conflict Of Laws ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Transnational Communication ◽  
Communication Calls

The global proliferation of the Internet, given the ease with which it permits transnational communication, calls into question the applicability of traditional territorial legal systems in governing its use. Conflict-of-laws instruments and the regulation of speech are two thorny areas of concern in this vein that interrelate in a 2006 case before the Ninth Circuit Court of Appeals in the United States, Yahoo! Inc. v. La Ligue Contre Le Racisme et L’Antisemitisme. Yahoo! offers an entry point, through its bearing on conflict-of-laws and freedom of speech jurisprudence, into examining the appropriateness of traditional legal schemes to the task of regulating Internet-enabled conduct. Focusing on the substantive issues in Yahoo!, this paper takes up the adequacy of traditional conflict-of-laws instruments as regards Internet-enabled conduct, possible alternatives to the use of conflict-of-laws instruments to regulate Internet-enabled conduct, the applicability and weight of the French law against the First Amendment in a United States court, and, finally, the possibility of developing a common core of global values regarding speech on the Internet.

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