Categories: International Law

Using Occam’s Razor to Solve International Attorney-Client Privilege Choice of Law Issues: An Old Solution to a New Problem

Nathan M. Crystal & Francesca Giannoni-Crystal

Volume 41 - Issue 2, Winter 2016, Page 276

Abstract

The practice of law is increasingly becoming “delocalized,” affecting many areas including attorney-client privilege (ACP). Starting with a primer on ACP for non-U.S. readers, this article looks at ACP (rectius: professional privilege) in Europe and proceeds to discuss six approaches to choice-of-law issues governing ACP. Of these six approaches, one applies the law of the forum to the claim of privilege and the five remaining approaches all seek to determine which jurisdiction has the most significant interest in having its law govern ACP. These approaches unfortunately, all remain tethered to localization factors, which is why this article offers an alternative framework. This framework is based on the recommendation of a new (but actually older) methodology—return to the lex loci fori to determine issues of ACP in international cases. As argued in the article, this approach offers substantial benefits based on fairness and efficiency considerations. Ironically, although the authors do not adhere to this movement, their approach is compatible with the new “buy American” approach to choice-of-law, exemplified by Alabama’s constitutional amendment prohibiting, in short, every application of foreign law.

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Cite as: Nathan M. Crystal & Francesca Giannoni-Crystal, Using Occam's Razor to Solve International Attorney-Client Privilege Choice of Law Issues: An Old Solution to a New Problem, 41 N.C. J. Int'l L. 276 (2016).

Who Pays for the United Nations' Torts? Immunity, Attribution, and "Appropriate Modes of Settlement"

Patrick J. Lewis

Volume 39 - Issue 2, Winter 2014, Page 259

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Cite as: Patrick Lewis, Who Pays for the United Nations’ Torts?: Immunity, Attribution, and “Appropriate Modes of Settlement”, 39 N.C. J. Int'l L. & Com. Reg. 259 (2014).

Legal Competitive Advantage and Legal Entrepreneurship: A Preliminary International Framework

Justin W. Evans & Anthony L. Gabel

Volume 39 - Issue 2, Winter 2014, Page 333

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Cite as:

Justin Evans & Anthony Gabel, Legal Competitive Advantage and Legal Entrepreneurship: A Preliminary International Framework, 39 N.C. J. Int'l L. & Com. Reg. 333 (2014).

Categories: International Law


Eat What You Kill: Or, A Strange and Gothic Tale of Cannibalism by Consent

Dr. Charles J. Reid, Jr.

Volume 39 - Issue 2, Winter 2014, Page 423

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Cite as: Charles Reid, Eat What You Kill: Or, A Strange and Gothic Tale of Cannibalism by Consent, 39 N.C. J. Int'l L. & Com. Reg. 423 (2014).

Categories: International Law


Moving Toward Human Rights Principles for Intercountry Adoption

Marie A. Failinger

Volume 39 - Issue 2, Winter 2014, Page 523

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Cite as:

Marie Failinger, Moving Toward Human Rights Principles for Intercountry Adoption, 39 N.C. J. Int'l L. & Com. Reg. 523 (2014).


Australia's Tobacco Plain Packaging Act: Convergence of Public Health and Global Trade

Mary Scott Kennedy

Volume 39 - Issue 2, Winter 2014, Page 591

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Cite as:

Mary Scott Kennedy, Australia’s Tobacco Plain Packaging Act: Convergence of Public Health and Global Trade, 39 N.C. J. Int'l L. & Com. Reg. 591 (2014).


NML Capital, Ltd. v. Republic of Argentina: An Alternative to the Inadequate Remedies under the Foreign Sovereign Immunities Act

Brett M. Neve

Volume 39 - Issue 2, Winter 2014, Page 631

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Cite as:

Brett Neve, NML Capital, Ltd. v. Republic of Argentina: An Alternative to the Inadequate Remedies under the Foreign Sovereign Immunities Act, 39 N.C. J. Int'l L. & Com. Reg. 631 (2014).

Categories: International Law


The International Sugar Trade and Sustainable Development: Curtailng the Sugar Rush

Nadia B. Ahmad

Volume 39 - Issue 3, Spring 2014, Page 675

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Cite as:

Nadia Ahmad, The International Sugar Trade and Sustainable Development: Curtailing the Sugar Rush, 39 N.C. J. Int'l L. & Com. Reg. 675 (2014).


Balancing Freedom of Speech on the Internet Under International Law

Kitsuron Sangsuvan

Volume 39 - Issue 3, Spring 2014, Page 701

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Cite as:

Kitsuron Sangsuvan, Balancing Freedom of Speech on the Internet Under International Law, 39 N.C. J. Int'l L. & Com. Reg. 701 (2014).

Categories: International Law


The Limits of Regulatory Science in Transnational Governance of Transgenic Plant Agriculture and Food Systems

Taiwo A. Oriola

Volume 39 - Issue 3, Spring 2014, Page 757

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Cite as: Taiwo Oriola, The Limits of Regulatory Science in Transnational Governance of Transgenic Plant Agriculture and Food Systems, 39 N.C. J. Int'l L. & Com. Reg. 757 (2014).

Categories: International Law


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Blog Posts

Why journal? Write about international law, practice professionalism

Irrespective of its particular subject matter, a journal is a terrific setting to begin building a reputation for professionalism, reliability, and thoughtfulness. My fellow-editors have been my first set of colleagues in our profession, and also my first set of clients. 
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No Comments | Posted by Christopher R. Bagley (Chris) on Mon. March 28, 2016 7:34 PM
Categories: International Law

Could Zimbabwe extradite the hunter who shot Cecil?

Conservation groups have called for a Minnesota dentist to be federally prosecuted for tracking and killing one of southern Africa's best-known lions last month. That doesn't seem likely to happen, but he could face a years-long extradition battle and poaching charges in Zimbabwe.


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No Comments | Posted by Christopher R. Bagley (Chris) on Mon. August 3, 2015 3:10 PM
Categories: Africa, Conservation, Environmental, Extradition, International Law, Natural resources, Zimbabwe

Cyberwar and Sony

On November 14, 2014, Sony Pictures Entertainment was hacked, locking employees out of their computers, compromising important internal data, and leaking unreleased movies onto the internet. In response to the attack, President Obama said the U.S. would "respond proportionately." The President’s authority to respond proportionately to the Sony attacks is based in principles of international law.


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Posted by Andrew D. Johnstone on Wed. January 21, 2015 11:16 AM
Categories: Cyberwarfare, International Law, North Korea, United States

The Interview and Protecting the Dignity of Heads of State

After initial plans to cancel the release of the movie, The Interview , and in the face of heavy criticism, Sony decided to release the film in December 2014. As one commentator notes, “[a]lthough international law still protects the dignity of Heads of State, it may no longer do so . . . in anything less than extreme circumstances of personal offence or insult.”


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Posted by Samantha R. Walker (Sam) on Wed. January 21, 2015 11:07 AM
Categories: International Law, North Korea

U.N. Report Finds Crimes Against Humanity in North Korea

On Tuesday February 18 the United Nations High Commissioner for Human Rights, Navi Pillay, asked world powers to refer the Democratic People’s Republic of Korea (DPRK) to the prosecutor of the International Criminal Court (ICC). This comes not in response to their nuclear efforts, but to a recent U.N. report which documents crimes against humanity that have been, and still are, occurring in the isolated, impoverished country of North Korea.


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No Comments | Posted by Ian A. Biggs on Wed. April 16, 2014 1:00 PM
Categories: International Criminal Court, International Law, North Korea, United Nations

Federal Circuit Will Reconsider Personal Liability of Corporate Officer's Grossly Negligent Misrepresentation to Customs

A corporate officer of an importer of record is not directly liable for gross negligence when misrepresenting the value of imported merchandise to Customs and Border Protection, according to the Federal Circuit Appeals Court ruling in United States v. Trek Leather, Inc. on July 30, 2013. This seemingly well settled principle, based on traditional notions of personal liability protection under the corporate law shield, will soon be tested because the Federal Circuit has granted the U.S. Government’s petition for an en banc rehearing of this case.


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No Comments | Posted by Andrea D. Solorzano on Wed. April 16, 2014 8:00 AM
Categories: Free Trade, International Law

Sneak Preview: Balancing Freedom of Speech on the Internet Under International Law

Freedom of speech is a fundamental human right which allows people to communicate freely. However, inappropriate communication often leads to conflicts in society. Inappropriate communication can provoke anger and ignite flame wars between people. In particular, inappropriate communication in cultural diversity can easily constitute intercultural or cross-cultural conflict. The “Innocence of Muslims” is an example of inappropriate communication which...


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No Comments | Posted by Stephen A. Moore on Mon. April 7, 2014 8:00 AM
Categories: International Law

Sneak Preview: The Limits of Regulatory Science in the Governance of Transgenic Plant Agriculture and Food Systems

The current national and transnational regulatory and policy framework for transgenic plant agriculture and food is arguably largely defined by science. Notably, transgenic plant agriculture policy deference to science is ostensibly premised on the general perception that science is neutral, objective, reliable, and agnostic. This is exemplified by cases that range from Alliance for Bio-integrity v Donna Shalala, European Communities: Measures Affecting the Approval and Marketing of Biotech Products, to European Commission v Republic of Poland, in which conscientious, ethical, religious, and cultural oppositional grounds to transgenic plant agriculture and food were trumped by scientific imperatives. However, the lack of unanimity of views amongst scientists on...


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No Comments | Posted by Stephen A. Moore on Fri. April 4, 2014 1:00 PM
Categories: Food and agriculture, International Law
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