Modern Choice of Law and Public Policy: The Emperor Has the Same Old Clothes

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary\u27s use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues

Modern Choice of Law and Public Policy: The Emperor Has the Same Old Clothes

The author critically evaluates the adoption of the modern learning model in choice of law analysis. After evaluating the judiciary\u27s use of this model in seven jurisdictions, the author concludes that the traditional learning is better suited to resolving choice of law issues

Retroactivity: A Study in Supreme Court Doctrine as Applied

The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect of retroactive application on the administration of justice. An examination of Supreme Court decisions since 1975 and of lower federal court decisions since 1971 leads Professor Corr to challenge the utility of the retroactivity doctrine articulated by the Supreme Court, in short, the logical appeal of the purpose-reliance-effect triad does not transfer well into practical application. Given the confusion and inconsistencies currentlypresent in the retroactivity anaosis of lower federal courts, it is suggested that more useful guidelines be developed in this complex area of the law. More importantly, it is also suggested that doctrinald evelopment should take into account the practicalp roblems of applying doctrine, and not merely such considerations as fairness or the abstract logical appeal of a doctrine

Metastable fragment production following electron impact on sulfur hexafluoride and oxygen.

Dept. of Physics. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis1987 .C677. Source: Masters Abstracts International, Volume: 40-07, page: . Thesis (M.Sc.)--University of Windsor (Canada), 1987

Interjurisdictional Certification and Choice of Law

There is a story, probably apocryphal, that, at a 1970s conference discussing the great potential and even greater problems of some economically developing countries, a rather cynical American economist is supposed to have remarked that Brazil is the country of the future-and always will be. Some commentators believe that much the same could be said about the certification process, but with greater accuracy. Certification has beguiled and to some extent disappointed two generations of legal scholars.\u27 Intended to resolve problems that arise when a court of one jurisdiction must apply the law of another jurisdiction, certification is the process by which the first court may inquire of a court in the jurisdiction whose law is at issue for help in determining what the law is. The certification process is inherently attractive be-cause it eliminates the need for a court either to guess at another jurisdiction\u27s uncertain law or to refrain altogether from trying to apply that law. The difficulty that certification can ease typically arises in one of two situations. The first situation occurs when a federal court, for whatever reason, must identify and apply the substantive law of a state.Federal courts hearing diversity cases are the most likely to inquire into state law, but the problem can also arise when a federal court\u27s subject-matter jurisdiction is based on the presence of a federal question. The second situation occurs when a state court\u27s own conflict-of-laws rules direct it to apply the law of another state