Tulane Law Review
  • Main
  • Issues
    • All Volumes
    • Volume 87
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5 & 6
    • Volume 86
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Volume 85
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5&6
    • Volume 84
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • Admiralty Law Institute
      • 2013
      • 2011
      • 2009
      • 2007
      • 2005
      • 2003
      • 2001
      • 1999
      • 1995
      • 1994
      • 1991
      • 1989
      • 1988
      • 1985
      • 1983
  • Events
  • Masthead
  • History
  • Purpose
  • Submissions
  • Order
    • Subscribe
    • Back Issues
  • Contact
Tulane Law Review
RSSTwitterFacebook
Topic: International Law

Rethinking the Harmonization of Jurisdictional Rules

Simona Grossi | Article
In the aftermath of the various unsuccessful attempts by the Hague Conference to devise an international convention on jurisdiction and recognition and enforcement of judgments, this work examines what the common law and civil law delegations to the Conference considered irreconcilable differences between their respective jurisdictional laws. This Article studies the historical and functional evolution of these allegedly irreconcilable jurisdictional categories, examines their underlying ideas (for example, “minimum contacts” and due process analysis, forum non conveniens, and tag jurisdiction), and suggests a new method of analysis, which generates a unified approach to jurisdictional law and choice of law rules. The [...]
[Continue Reading...]

Transnational Class Actions and the Illusory Search for Res Judicata

Tanya J. Monestier | Article

The transnational class action—a class action in which a portion of the class consists of non-U.S. claimants—is here to stay. Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the “home” courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign [...]

[Continue Reading...]

“Sports Law”: Implications for the Development of International, Comparative, and National Law and Global Dispute Resolution

Matthew J. Mitten & Hayden Opie | Article

In this Article, we observe that legal regulation of national and international sports competition has become extremely complex and has entered a new era, which provides fertile ground for the creation and evolution of broader legal jurisprudence with potentially widespread influence and application. Our principal aim is to draw these developments to the attention of legal scholars and attorneys not necessarily familiar with sports law. Specifically, the evolving law of sports is having a significant influence on the development of international and national laws, is establishing a body of substantive legal doctrine ripe for analysis from a comparative law perspective, [...]

[Continue Reading...]

The Rome II Regulation: A Comparative Perspective on Federalizing Choice of Law

Clay H. Kaminsky | Article

This Article analyzes the Rome II Regulation, which entered into effect on January 11, 2009, and established uniform choice-of-law rules for noncontractual obligations in the European Union. Rome II is of particular interest to U.S. scholars because its federal and international character and nearly comprehensive scope make it a potential model for a new U.S. Restatement or federal statute. Beginning with its text, context, and legislative history, this Article examines Rome II in the comparative light of state-level codifications in the United States and the general theory of state-interest analysis developed during the American “conflicts revolution.” The Article tests the [...]

[Continue Reading...]

Saving Civil Justice: Judging Civil Justice By Hazel Glenn

Elizabeth G. Thornburg | Book Review

Asking the right question can be as important as giving the right answer. In her book Judging Civil Justice, Dame Hazel Genn forcefully argues that the right question about the civil justice system is not “[h]ow much justice can we afford” but “how much justice can we afford to forego.”Genn has spent her professional lifetime studying methods for resolving civil disputes. A pioneer in empirical legal studies, she has for thirty years interviewed litigants, lawyers, and judges and studied courts, tribunals, and ADR methods. Genn is a clear-eyed observer, deeply sympathetic to the plight of modern courts but unwilling to ignore [...]

[Continue Reading...]

Dynamic Federalism in Human Rights Treaty Implementation

Johanna Kalb | Article

In response to the growing academic and political movement that opposes the direct incorporation of treaties into domestic federal law, numerous scholars have proposed that states take on an increased role in the domestic interpretation and implementation of international human rights treaties. The focus of this scholarship to date has been to locate doctrinal gaps where state legislatures and courts may act without intruding in areas of traditionally federal jurisdiction. Thus far, however, little effort has been directed towards modeling an affirmative obligation for state participation in treaty implementation, despite the fact that state action is arguably required, both pragmatically [...]

[Continue Reading...]

Reconstructing the Responsibility to Protect in the Wake of Cyclones and Separatism

Jarrod Wong | Article

This Article reconceptualizes the doctrine of the responsibility to protect (R2P). R2P provides that when a government fails to protect its citizens from genocide, war crimes, ethnic cleansing or crimes against humanity (“mass atrocities”), that responsibility shifts to the international community acting through the United Nations.

The U.N.’s apparent failure to include natural disasters in the catalogue of harms potentially justifying R2P intervention generated considerable controversy following Myanmar’s refusal of foreign aid following the devastation wrought by Cyclone Nargis. Those seeking to limit the scope of R2P considered it inapplicable in the case of Myanmar, reading the U.N.’s focus on [...]

[Continue Reading...]

Domestic Courts and Global Governance

Christopher A. Whytock | Article

Domestic court decisions often make headlines around the world. For example, recent United States Supreme Court decisions about the International Court of Justice and the rights of foreign detainees held by the United States at Guantanamo Bay have attracted international attention. However, the role of domestic courts in the world extends far beyond headlines. Seemingly routine decisions on issues such as personal jurisdiction, forum non conveniens, choice of law, extraterritoriality, and arbitration have implications for global governance. Legal scholarship divides these issues into doctrinal categories like civil procedure, conflict of laws, and international law. But by doing so, it misses [...]

[Continue Reading...]

Interpreting Ne Exeat Rights as Rights of Custody: The United States Supreme Court’s Chance to Advance the Purposes of the Hague Convention on International Child Abduction

Jane A. Jackson | Comment

In Abbott v. Abbott, the United States Supreme Court will construe the Hague Convention on the Civil Aspects of International Child Abduction. Specifically, the Court will determine whether a ne exeat clause, which precludes a parent from taking his or her child out of the country without the other parent’s consent, is a “right of custody” for purposes of the Convention. The U.S. circuit courts are divided on the issue, and the approach of the majority of circuits is in opposition to the approach taken by the majority of foreign courts that have addressed the issue. This Comment argues that [...]

[Continue Reading...]

Contact

Tulane Law Review
Tulane University Law School
6329 Freret Street
New Orleans, Louisiana 70118-6231
Telephone: (504) 865-5973 or (504) 865-5974
Facsimile: (504) 862-8858
E-mail: lawjournals@tulane.edu

Return to the Tulane website.

© 2012 Tulane Law Review

Search

Topics

Administrative Law Admiralty Jurisdiction Admiralty Law Antiassignment Clauses Antitrust Law Arbitration Child Custody Choice of Law Civil Law Civil Procedure Community Property Comparative Law Constitutional Law Contract Law Corporate Law Criminal Law Deepwater Horizon Oil Spill Employment Law Energy Law Environmental Law Family Law Federalism and Preemption Federal Preemption of State Law Fourth Amendment Health Care Law Insurance Law Intellectual Property Intercollegiate Athletics International Law Judicial Review Law and Economics Local Government Localism Louisiana Unfair Trade Practices Act Mixed Jurisdictions Municipal Government Piracy Preemption of State Tort Law Property Law Right to Counsel Roman Law Software Transactions Sports Law Tax Law Tort Law