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‘Negligence in the Air Will not Do’

Michael S. Moore

in Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199256860
eISBN:
9780191719653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256860.003.0007
Subject:
Law, Philosophy of Law

This chapter lays out the history and essential tenets of the risk theory. This is done in some detail because the theory has been the standard educated view on proximate causation within the ... More


A Reasonable Exercise of Jurisdiction

Cedric Ryngaert

in Jurisdiction in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199544714
eISBN:
9780191719943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544714.003.0005
Subject:
Law, Public International Law

The system of international jurisdiction allows for the exercise of concurrent jurisdiction by more than one State. Especially in the field of economic law, this system may yield unsatisfactory ... More


Choice of Law Rules: The Options

Andrew Koppelman

in Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300113402
eISBN:
9780300135138
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113402.003.0007
Subject:
Political Science, American Politics

This chapter surveys choice of law rules that occupy a middle ground between automatic recognition and blanket nonrecognition. One possibility is to follow the Second Restatement rule (and some of ... More


Exit and the American Illness

Erin O'Hara O'Connor and Larry E. Ribstein

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0016
Subject:
Political Science, American Politics

This chapter discusses the ways in which exit from undesirable laws could occur. It also discusses the process of jurisdictional choice and conflict of laws, the traditional approaches used to ... More


The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Paul B. Stephan and Sarah A. Cleveland (eds)

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.001.0001
Subject:
Law, Public International Law, Comparative Law

This book, The Restatement and Beyond, grapples with the most significant issues in contemporary U.S. foreign relations law. The chapters in this text respond to the recently published Fourth ... More


Slow-Motion Democracy: Synthetic and Progressive Development of the Structure of Rationalization

Walter F. Baber and Robert V. Bartlett

in Consensus and Global Environmental Governance: Deliberative Democracy in Nature's Regime

Published in print:
2015
Published Online:
September 2015
ISBN:
9780262028738
eISBN:
9780262327046
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262028738.003.0007
Subject:
Environmental Science, Environmental Studies

Restatement is a potentially useful mechanism for aggregating the considered opinions of deliberating citizens in ways that can contribute to progressive development of legal structures for ... More


1 Theoretical Frames

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0002
Subject:
Law, Comparative Law

This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that ... More


Theoretical Frames

Martha Chamallas and Jennifer B. Wriggins

in The Measure of Injury: Race, Gender, and Tort Law

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814716762
eISBN:
9780814790069
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716762.003.0002
Subject:
Law, Comparative Law

This chapter describes the book's “critical” approach to tort law, one that draws insights from feminist theory, critical race theory, and critical theory and differs from the two tort theories that ... More


The American Law Institute and the Restatement of Foreign Relations Law

David L. Sloss

in The Death of Treaty Supremacy: An Invisible Constitutional Change

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199364022
eISBN:
9780199364053
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199364022.003.0014
Subject:
Law, Constitutional and Administrative Law, Public International Law

The American Law Institute published the Restatement of Foreign Relations Law in 1965. The Restatement endorsed an optional treaty supremacy rule: a treaty is not supreme over state law unless the ... More


Statutes of Limitation

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0013
Subject:
Law, Comparative Law, Private International Law

This chapter discusses conflicts between the statute of limitation of the forum state and the corresponding statutes of other involved states, particularly the state whose law governs the merits of ... More


The Next Step

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0017
Subject:
Law, Comparative Law, Private International Law

This chapter reflects on the next step in the evolution of American conflicts law, following the choice-of-law revolution. Although the revolution brought many beneficial methodological changes, it ... More


From the Third to the Fourth Restatement of Foreign Relations: The Rise and Potential Fall of Foreign Affairs Exceptionalism

G. Edward White

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter traces and analyzes the course from the Third to the Fourth Restatement of Foreign Relations Law. It is primarily about why the Third Restatement, arguably the most authoritative ... More


Could the President Unilaterally Terminate All International Agreements?: Questioning Section 313

Harold Hongju Koh

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0003
Subject:
Law, Public International Law, Comparative Law

This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according ... More


The Fourth Restatement’s Treatment of International Law and Administrative Law

Jean Galbraith

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0005
Subject:
Law, Public International Law, Comparative Law

This chapter argues that there is a disconnect between foreign relations law in practice and its portrayal in the Fourth Restatement of the Foreign Relations Law. It considers two significant shifts ... More


The Waning of the Federal Common Law of Foreign Relations

Paul B. Stephan

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0008
Subject:
Law, Public International Law, Comparative Law

This chapter argues that concentrating authority in the federal judiciary to make foreign relations law in the absence of congressional enactments both ignores the capacity of the States to promote ... More


Restating The Charming Betsy as a Canon of Avoidance

Anthony J. Bellia and Bradford R. Clark

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0009
Subject:
Law, Public International Law, Comparative Law

This chapter examines the Charming Betsy canon, which was recognized by the Supreme Court more than two centuries ago and has since become a well-known tool of statutory construction. As formulated ... More


The Choice-of-Law Revolution: Theoretical Groundwork

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0005
Subject:
Law, Comparative Law, Private International Law

This chapter establishes the theoretical foundations of modern American choice-of-law approaches by surveying the writings of 10 twentieth-century academic authors: W.W. Cook, R.A. Leflar, D.F. ... More


The Choice-of-Law Revolution Today: methodological pluralism

Symeon C. Symeonides

in Choice of Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780190496722
eISBN:
9780190496753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190496722.003.0007
Subject:
Law, Comparative Law, Private International Law

This chapter surveys the American methodological landscape and documents the judicial following of the various choice-of-law approaches produced by the revolution. It classifies states into seven ... More


The Relation to Theory and Practice

Sagi Peari

in The Foundation of Choice of Law: Choice and Equality

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190622305
eISBN:
9780190622336
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190622305.003.0007
Subject:
Law, Private International Law, Philosophy of Law

While the previous chapters are concerned with elaboration and exposition of the Choice and Equality pillars, this chapter is more concerned with implementation. Thus, it delineates CEF’s ... More


Personal Jurisdiction and Fifth Amendment Due Process Revisited

Chimène I. Keitner

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0010
Subject:
Law, Public International Law, Comparative Law

This chapter addresses the contested role of U.S. courts in adjudicating disputes with foreign elements. As a matter of domestic law, the Due Process Clauses in the U.S. Constitution constrain the ... More


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