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Choice Of Law In Tort
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Book Synopsis Choice of Law by : Symeon Symeonides
Download or read book Choice of Law written by Symeon Symeonides and published by Oxford University Press. This book was released on 2016 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Book Synopsis The Interest Approach to Choice of Law by : Amos Shapira
Download or read book The Interest Approach to Choice of Law written by Amos Shapira and published by Springer. This book was released on 2012-12-06 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on a doctoral thesis submitted to Yale University Law School in 1968. I wish to acknowledge my deepest gratitude to my super visor in the writing of the thesis, Professor Ronald M. Dworkin, whose in sights and criticism have conspicuously contributed to the present work. Time and again I have been inspired by the ideas expressed by hirn both in personal discussions and in his Conflict of Laws and Jurisprudence courses. It has been my privilege also to have had Professors Leon S. Lipson and Guido Calabresi as supervisors. I have derived great benefit from their sug gestions. A sincerely feIt appreciation is expressed to all three persons. A special debt of gratitude is owing to the Yale Law School for the gener ous financial support extended to me. I also wish to record my indebtedness to the Hebrew University of Jerusalem and to Tel-Aviv University for their financial assistance. I am extremely grateful to Mr. Michael Reiss, '68 Yale Law School for his significant editorial assistance. Thanks are also due to my wife Ettie for invaluable help and encouragement. Finally, I wish to thank the publishers for their courtesy and cooperation. A.S.
Book Synopsis Choice of Law and Multistate Justice by : Friedrich K. Juenger
Download or read book Choice of Law and Multistate Justice written by Friedrich K. Juenger and published by Brill Nijhoff. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains "the original text with a set of comments by experts in the field."
Book Synopsis Torts in the Conflict of Laws by : Moffatt Hancock
Download or read book Torts in the Conflict of Laws written by Moffatt Hancock and published by William S. Hein. This book was released on 1942 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise discusses the general choice of laws principle that the law of the place where an alleged wrong has occurred ought to determine questions of legal liability for that wrong. The general social issues that have led to this choice of law principle are analyzed in the work.
Book Synopsis The Conflict of Laws by : Albert Venn Dicey
Download or read book The Conflict of Laws written by Albert Venn Dicey and published by . This book was released on 1987 with total page 1511 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Beyond Lex Loci Delicti:Conflicts Methodology and Multistate Torts in American Case Law by : Th. M. de Boer
Download or read book Beyond Lex Loci Delicti:Conflicts Methodology and Multistate Torts in American Case Law written by Th. M. de Boer and published by Springer. This book was released on 1987-01-20 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conflict of Laws: Cases and Materials by : R. Lea Brilmayer
Download or read book Conflict of Laws: Cases and Materials written by R. Lea Brilmayer and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading Conflict of Laws scholars, Conflict of Laws: Cases and Materials, Eighth Edition, presents a balanced study of Conflict of Laws, otherwise known as Private International Law. The book begins with a discussion of traditional approaches to choice-of-law problems, both inter-state and international, followed by an examination of how modern courts and commentators have struggled to formulate new and better approaches. The remaining broad topics—constitutional limitations on choice of law, personal jurisdiction, conflicts in the federal system, recognition and enforcement of judgments, extraterritorial application of federal law, choice of legal regimes, and choice of law in complex litigation—are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. New to the Eighth Edition: Addition of new co-author Carlos M. Vázquez, a leading scholar in Conflict of Laws as well as the adjacent fields of International Law and Foreign Relations Law Expanded coverage of Conflict of Laws in the international context, with a focus on the increasingly important topic of extraterritorial application of federal law New Supreme Court decisions on personal jurisdiction and constitutional limits on choice of law Expanded coverage of choice of law in marriage and divorce Discussion of draft Third Restatement of Conflict of Laws Professors and students will benefit from: A balance of historical and recent cases, with problems that test application of case precedents A balance between theoretical and practical aspects of Conflict of Laws, with coverage of state law and comparative perspectives where appropriate Focus on Choice of Law Broader coverage of extraterritorial application of federal law than any leading Conflict of Laws casebook Modern applications to internet disputes, complex litigation, party autonomy, and jurisdictional competition, among other cutting-edge topics
Book Synopsis Across State Lines by : Robert Allen Sedler
Download or read book Across State Lines written by Robert Allen Sedler and published by . This book was released on 1989 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a basic framework for understanding the Conflict of Laws Doctrine, using examples from family law, tort cases, contracts and property matters.
Author :Mireille M. M. van Eechoud Publisher :Kluwer Law International B.V. ISBN 13 :9041120718 Total Pages :306 pages Book Rating :4.0/5 (411 download)
Book Synopsis Choice of Law in Copyright and Related Rights by : Mireille M. M. van Eechoud
Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Book Synopsis Choice of Law in Practice by : Symeon Symeonides
Download or read book Choice of Law in Practice written by Symeon Symeonides and published by BRILL. This book was released on 2020-12-15 with total page 1920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts decisions in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation in the last twenty years and distills the resulting lessons for attorneys, academics, and lawmakers.
Book Synopsis The Choice-Of-Law Process by : David Cavers
Download or read book The Choice-Of-Law Process written by David Cavers and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York nature study society operates a camp in upstate New York. A truckload of campers goes on a nature study trip to Massachusetts. There, the truck driver's negligence seriously injures a camper. Under New York law, the camper may recover damages from the society; under Massachusetts law, the society is immune from liability. But which law is to apply? Legal scholars in twelfth-century Italian city states grappled with choice-of-law decisions, and choice of law perplexes American jurists today. In The Choice-of-Law Process David F. Cavers of Harvard Law School, after a brief historical review, discusses the far-reaching changes taking place in that process. American legal scholars writing in the last thirty years have undermined the traditional method of deciding choice-of-law cases. With increasing frequency courts are now reexamining choice-of-law process and doctrine. Cavers uses the camper's case and four other imaginary cases--before a court whose judges plainly resemble certain contemporary scholars--to illustrate methods of deciding choice-of-law cases that are currently competing for acceptance. After an evaluation of these methods, Cavers suggests the judicial development of principles of preference to guide courts in resolving "true conflicts" and submits examples of such principles. Concluding chapters consider the roles of the federal courts, statutes, treaties, and civil procedure. In this period of transition, Cavers's book is timely and constructive. The Thomas M. Cooley Lectureship, established in honor of the University of Michigan Law School's first great legal scholar, is designed to stimulate research and bring its results to the attention of the general public as well as of the legal profession.
Book Synopsis Choice of Law in Cross-Border Torts by : Symeon Symeonides
Download or read book Choice of Law in Cross-Border Torts written by Symeon Symeonides and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of cross-border torts generated by the spectacular expansion of cross-border activity now known as globalization; and (2) the advent of the American choice-of-law revolution, which succeeded in demolishing the old regime in forty-two U.S. jurisdictions, but failed to replace it with anything resembling a unified system. One of the findings of the Article is that, despite using different approaches and invoking varied rationales, courts that have joined the revolution have reached fairly uniform results in resolving cross-border tort conflicts: they have applied the law of the state of either the injurious conduct or the resulting injury, but, in the vast majority of cases (86 percent), they have applied whichever of the two laws favored the tort victim. Another finding is that the vast majority of recent conflicts codifications around the world (a total of 20) have adopted the same solution: they apply whichever law favors the victim, by authorizing either the court or the victim directly to make the choice. The Article concludes by examining whether the results of the American cases can be compressed into new content-sensitive, result-selective choice-of-law rules which would be free of the vices of the old rules and would be easy for judges to apply. It answers the question in the affirmative and, to prove the point, it offers three options for such rules.
Download or read book Conflict of Laws written by Lea Brilmayer and published by Aspen Publishers. This book was released on 1995 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated throughout, this revision of Lea Brilmayers's leading casebook-CONFLICT OF LAWS: Cases and Materials-continues to challenge and enlighten your students with an understandable, balanced, and comprehensive introduction To The complex area of conflicts. The book immerses students in choice-of-law problems-the heart of conflicts-followed by a chapter on the courts' struggles for responsive approaches. Five chapters move on to cover broader topics: constitutional limitations on choice of law, personal jurisdiction, The Erie Doctrine, recognition of judgments, and conflicts in the international context. Well known for her scholarship in conflicts, Brilmayer shows the modern relevance-both theoretical and practical-of conflicts. Wherever possible, she inclues cases involving statute of limitations, corporate regulation, and other important state law issues. Revisions include extensive additions To The chapters on... personal jurisdiction, featuring important new cases, Carnival Cruise Lines v. Shute, Burnham b. Superior Court, and others international litigation, including the new Supreme Court decisions in United States v. Verdugo-Urguidez and Hartford Fire Insurance v. California and a new sample problem focusing on the Robert Maxwell bankruptcy pending in U.S. And British courts. In addition, The chapter on federal/state relations now includes Ferens v. John Deere. And the chapter on the struggle for responsive approaches features a new case on the Restatement (Second) of Conflicts.
Book Synopsis Choice of Law in Transnational Tort Litigation by : Alejandra Franco Villalobos
Download or read book Choice of Law in Transnational Tort Litigation written by Alejandra Franco Villalobos and published by . This book was released on 2013 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mastering Torts by : Vincent R. Johnson
Download or read book Mastering Torts written by Vincent R. Johnson and published by . This book was released on 2005 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Mastering Torts presents in a clear, narrative form a doctrinal overview of the law of torts. By clarifying the basic rules governing tort liability, and illuminating their application to specific fact situations, Mastering Torts describes the main features of the American tort system." "Mastering Torts discusses more than two hundred illustrative cases. Each of these decisions is presented in a way that probes the meaning and limits of particular rules, but also reveals a broader perspective on the law governing compensation for personal injuries and property damage."--BOOK JACKET.
Book Synopsis Choice of Law and Multistate Justice, Special Edition by : Friedrich Juenger
Download or read book Choice of Law and Multistate Justice, Special Edition written by Friedrich Juenger and published by BRILL. This book was released on 2021-10-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating text features a special introduction and colloquium by Professor Juenger’s colleagues. A revised version of the late Friedrich Juenger’s Hague Lectures, this "special edition" presents the most pervasive and trenchant critique of the traditional approaches to choice of law, both of the multilateralist and unilateralist kind, to date. An undisputed classic, Juenger's book is both a timeless critique of the traditional choice-of-law approaches and a timely plea to move beyond them in the age of globalization. Published under the Transnational Publishers imprint.
Book Synopsis Party Autonomy in Private International Law by : Alex Mills
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
