article thumbnail

Now or Then? The Temporal Aspects of Choice-of-Law Clauses

Conflict of Laws

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. I argued for the laws at the time of litigation.

Laws 52
article thumbnail

Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Second, the court regards Section 1983 as a tort claim, making HHC’s focus on 19th-century contract law “perplexing;” contract principles should not displace Section 1983’s “’species of tort liability.’” She elaborated on three points from the majority opinion.

Statute 99
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

A day in the life of a future trainee associate

SimplyLawJobs

Exploring law was my most memorable class in my first year as there was often meditation involved and exploration of topics such as finding joy in law. However, I also enjoyed my politics modules as they gave me an opportunity to experience law from creation to implementation. 7:30 am Monday is my busy day. My future .

article thumbnail

The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems.

Lawyer 65
article thumbnail

Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

.’ [4] Additionally, some judges, citing Article 1338 BW in Indonesia, regard the choice of foreign law as a contractual agreement not to resolve a dispute in the Indonesian courts, and many lawyers present a contract claim as tort.

article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well. Unlike the Principles, however, Law No.

article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2022: Abstracts

Conflict of Laws

Kieninger : Climate Change Litigation and Private International Law. The recent Shell ruling by the District Court of The Hague raises the question whether Carbon Majors could also be sued outside the state of their corporate home and which law would be applicable to claims for damages or injunctive relief.

Divorce 52