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Albany Law Review articles from June 1998
A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro
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Albany Law Review archives from June 1998
Judgments conventions and minimum contracts.(Symposium: Could a Treaty Trump Supreme Court Jurisdictional Doctrine?)
June 22, 1998... INTRODUCTION
The United States is a member of international organizations whose business it is to negotiate private law conventions. The most prominent of these is the Hague Conference on Private International Law, but there are others...
Why properly construed due process limits on personal jurisdiction must always trump contrary treaty provisions.(Symposium: Could a Treaty Trump Supreme Court Jurisdictional Doctrine?)
June 22, 1998... I. INTRODUCTION
Let me begin by thanking Professor Borchers for inviting me to contribute to this Symposium on the interrelation between constitutional personal jurisdiction protections and judgment treaty provisions. Professor...
A Hague conference judgments convention and United States courts: a problem and a possibility.(Symposium: Could a Treaty Trump Supreme Court Jurisdictional Doctrine?)
June 22, 1998... I. INTRODUCTION
The multilateral convention to create rules concerning international jurisdiction and the effects of foreign judgments in civil and commercial matters, currently under discussion in the Hague Conference on Private...
Where America ends and the international order begins: interpreting the jurisdictional reach of the U.S. Constitution in light of a proposed Hague Convention on jurisdiction and satisfaction of judgments.(Symposium: Could a Treaty Trump Supreme Court Jurisdictional Doctrine?)
June 22, 1998... INTRODUCTION
Despite all of the attention given to personal jurisdiction in civil cases by the United States Supreme Court, the Court has never articulated a discrete approach to international jurisdiction. Rather, in cases with...
Negotiating the tort long-arm provisions of the Judgments Convention.(Symposium: Could a Treaty Trump Supreme Court Jurisdictional Doctrine?)
June 22, 1998... I. INTRODUCTION
The United States is engaged in negotiating a judgments-recognition convention under the auspices of the Hague Conference on Private International Law.(1) The questions that press upon our negotiators(2) are what form...
The role and status of American law in the Hague Judgments Convention project.(Symposium: Could a Treaty Trump Supreme Court Jurisdictional Doctrine?)
June 22, 1998... I. INTRODUCTION
The topic which I address differs somewhat from today's theme. I was invited to provide a European perspective on American jurisdictional rules, their compatibility with the project of a Hague Judgment Convention, and...
The trouble with trade dress protection of product design.
June 22, 1998... INTRODUCTION
Courts have recently wrestled with the relationship between patent law and trademark law.(1) What happens when two federal statutes, the Patent Act and the Lanham Act, overlap?(2) Should one of the federal laws yield?...
Sanctions for nonfrivolous complaints? Implications for the improper purpose prong of Rule 11.(Case Note)
June 22, 1998... I. INTRODUCTION
A lawsuit is filed. It states a valid claim. It possesses a legitimate basis in law and fact; it is not a frivolous action. Yet, its meets notwithstanding, this lawsuit may have been filed by someone with mixed or...