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The Choice Of Law Process
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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 The Choice-of-law Process by : David Farquhar Cavers
Download or read book The Choice-of-law Process written by David Farquhar Cavers and published by . This book was released on 1965 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Book Synopsis The Foundation of Choice of Law by : Sagi Peari
Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Book Synopsis The Choice-of-law Process by : David Farquhar Cavers
Download or read book The Choice-of-law Process written by David Farquhar Cavers and published by . This book was released on 1965 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Choice of Law to Determine the Validity and Effect of Contracts by : John Prebble
Download or read book Choice of Law to Determine the Validity and Effect of Contracts written by John Prebble and published by . This book was released on 1972 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The Choice-of-Law Process by : David F. Cavers
Download or read book The Choice-of-Law Process written by David F. Cavers and published by . This book was released on 1981-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifteenth in a series of lectures on the title, "Policy, Justice, & Principle in the Choice-of-Law Process". This publication is available through our print-on-demand program. Allow four weeks for delivery. All copies are produced on acid-free paper with library-style binding.
Book Synopsis Substance and Procedure in Private International Law by : Richard Garnett
Download or read book Substance and Procedure in Private International Law written by Richard Garnett and published by OUP Oxford. This book was released on 2012-03-08 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Book Synopsis Foreign Law in English Courts by : Richard Fentiman
Download or read book Foreign Law in English Courts written by Richard Fentiman and published by Clarendon Press. This book was released on 1998 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
Book Synopsis Civil Procedure in Focus by : W. Jeremy Counseller
Download or read book Civil Procedure in Focus written by W. Jeremy Counseller and published by Aspen Publishing. This book was released on 2020-02-02 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Procedure in Focus by Jeremy Counseller and Eric Porterfield uses a combination of accessible explanatory text, cases, and other primary legal sources to teach civil procedure, and then provides opportunities for students to apply the law to multiple sets of facts in every chapter. Selected cases illustrate key changes in the law and show how courts have developed and apply doctrine. The unintimidating approach of this casebook provides a hands-on, experiential learning environment that can be essential to many students’ success. Through practice-based exercises, students learn to apply legal principles and concepts to real-world scenarios. Simply knowing the facts of a benchmark case is not enough; knowing how to apply the doctrine from one case to a different set of facts enhances a` student’s ability to succeed in and after law school. New to the Second Edition: Multiple-choice questions at the end of each chapter Discussion of “Snap Removal,” a hot topic currently percolating through the federal court system Updates regarding recent US Supreme Court cases regarding personal jurisdiction Professors and students will benefit from: Applying the Concepts and Civil Procedure in Practice exercises. These end-of-chapter exercises encourage students to synthesize the chapter material and apply relevant legal doctrine and code to real-world scenarios. Students can use these exercises for self-assessment or the professor can use them to promote class interaction. Real Life Applications. Every case in a chapter is followed by Real Life Applications, which present a series of questions based on a scenario similar to the facts in the case. Real Life Applications challenge students to apply what they have learned and help prepare them for real-world practice. Professors can use Real Life Applications to spark class discussions or provide them as individual short-answer assignments. Case Previews and Post-Case Follow-Ups. To succeed, law students must know how to deconstruct and analyze cases. Case Previews highlight the legal concepts in a case before the student reads it. Post-Case Follow-Ups summarize the important points and go one step further—noting the significance of a case to current law as well as its later ramifications. Clear exposition of key concepts in the text that means professors can spend less class time lecturing students on the basics and more time discussing different perspectives on the law, current issues, etc. Essay, short-answer, and multiple-choice questions in every chapter Practice-based hypotheticals that challenge students to apply doctrine to different fact scenarios Exhibits that highlight the relevant rule of law and corresponding legal authority
Book Synopsis Choice of Law in International Commercial Arbitration by : Okezie Chukwumerije
Download or read book Choice of Law in International Commercial Arbitration written by Okezie Chukwumerije and published by Praeger. This book was released on 1994-06-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial arbitration poses unique challenges to the choice of law. Laws relating to the arbitration agreement, arbitral procedure, and the merits of a dispute must all be applied in light of vital national interests and transnational public policy. State contracts pose additional problems. The legislative, judicial, and arbitral practices in major jurisdictions are analyzed to give the reader a view of the major trends in international commercial arbitration. Practitioners in international commercial arbitration, international lawyers interested in dispute resolution, and students of international commercial law and the conflict of laws will find this book of special interest.
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 by : Dean Symeon C. Symeonides
Download or read book Choice of Law written by Dean Symeon C. Symeonides and published by Oxford University Press. This book was released on 2016-04-15 with total page 800 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 Choice of Law Contract by : Maria Hook
Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - Victoria University of Wellington, 2014).
