Out-Beale-Ing Beale
Bibliographic Data
| ID | 3752069 |
|---|---|
| Authors | Carlos Manuel Vázquez (Georgetown University, corresponding author) |
| Year | 2016 |
| Volume | 110 |
| Pages | 68-73 |
| Publication date | 2016-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | AJIL Unbound (JOURNAL) |
| Journal identifiers | ISSN: 2398-7723 • E-ISSN: 2398-7723 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2398772300002427 |
| OpenAlex | W3124888248 |
| Language | EN |
| Citations received | 1 |
| References cited | 5 |
In response to the 1991 Supreme Court decision resuscitating the presumption against extraterritoriality [hereinafter "PAE" or "presumption"],EEOC v. Arabian American Oil Co.(Aramco), Larry Kramer described the presumption as an anachronism-a throwback to the strict territorialist approach to choice of law that prevailed before the mid-Twentieth Century but has been mostly abandoned since then. The title of his scathing article,Vestiges of Beale, referred to Joseph Beale, the Harvard Law professor and reporter of the First Restatement of Conflict of Laws, whose since-discredited theories underlay that Restatement's approach to choice of law. In the cases sinceAramco, the Court has strengthened and expanded the presumption. With its decision inRJR Nabisco v. European Community, it is fair to say, the Court has out-Beale'd Beale
Anachronism · Choice of Law · Conflict of laws · Economics · Extraterritoriality · Law and economics · Political science · Politics · Presumption · Supreme court · Conflict of Laws and Jurisdiction · Corporate Governance and Law · International Arbitration and Investment Law · Law
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,1 |
| Citation span | 2016 - 2016 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |