The Foundation of Choice of Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 019062230X
Total Pages : 345 pages
Book Rating : 4.1/5 (96 download)

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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.

Choice of Law and Multistate Justice

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Author :
Publisher : Brill Nijhoff
ISBN 13 : 9781571053305
Total Pages : 0 pages
Book Rating : 4.0/5 (533 download)

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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."

Conflict of Laws

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Author :
Publisher :
ISBN 13 : 9781634593083
Total Pages : 0 pages
Book Rating : 4.5/5 (93 download)

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Book Synopsis Conflict of Laws by : Peter Hay

Download or read book Conflict of Laws written by Peter Hay and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: •Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.

Party Autonomy in Private International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)

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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.

Natural Law

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Publisher : Lexington Books
ISBN 13 : 0739158074
Total Pages : 219 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Natural Law by : Alberto M. Piedra

Download or read book Natural Law written by Alberto M. Piedra and published by Lexington Books. This book was released on 2004-11-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Author Alberto M. Piedra lucidly illustrates the notion of 'natural law' through the examination of economic, social, political, and cultural issues. In this work Piedra draws on classical and Christian sources as well as his personal experience as an economist, diplomat, and lecturer on world politics to address philosophical views in a constructive and morally guided exegesis of natural law and economics. This innovative book shows the value of appeals to a governing, natural law and attendant principles such as the common good, subsidiarity, hierarchy, spiritual welfare, the reciprocity of freedom and authority, and the cultivation of personal moral and intellectual virtue. Natural Law will appeal to scholars, professionals, and others interested in the cultivation of personal moral and intellectual virtue.

Business Law and the Legal Environment

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Author :
Publisher :
ISBN 13 : 9780155055186
Total Pages : 1400 pages
Book Rating : 4.0/5 (551 download)

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Book Synopsis Business Law and the Legal Environment by : Jethro K. Lieberman

Download or read book Business Law and the Legal Environment written by Jethro K. Lieberman and published by . This book was released on 1993-04 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Choice of Law in Practice

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Author :
Publisher : BRILL
ISBN 13 : 9004435883
Total Pages : 1920 pages
Book Rating : 4.0/5 (44 download)

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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.

Fundamentals of American Law

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Author :
Publisher :
ISBN 13 : 0198764057
Total Pages : 738 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Fundamentals of American Law by : New York University. School of Law

Download or read book Fundamentals of American Law written by New York University. School of Law and published by . This book was released on 1996 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.

The Foundation of Choice of Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190622318
Total Pages : 304 pages
Book Rating : 4.1/5 (96 download)

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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 2018-03-30 with total page 304 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.

Theories of Choice

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192608274
Total Pages : 353 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Theories of Choice by : Stefan Grundmann

Download or read book Theories of Choice written by Stefan Grundmann and published by Oxford University Press. This book was released on 2021-01-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems. The editors acknowledge the kind support of the Fritz Thyssen Foundation for an exploratory conference on the subject of the book.

Commentary on the Conflict of Laws

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Author :
Publisher : West Group Publishing
ISBN 13 :
Total Pages : 718 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Commentary on the Conflict of Laws by : Russell J. Weintraub

Download or read book Commentary on the Conflict of Laws written by Russell J. Weintraub and published by West Group Publishing. This book was released on 1986 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domicile; Intention and Capacity; Pervasive Problems; Substance and Procedure; Jurisdiction to Adjudicate; Due Process Limits on Jurisdiction; Consent; Ownership and Use of Property'; In Rem and Quasi In Rem Jurisdiction Defined; Forum Non Conveniens; Marriage, Divorce and Custody; Torts; Contracts; Property; Construction of the Will; Constitutional Limitations of Choice of Law; Full Faith and Credit Limitations on a State's Choice of Law; Choice of Law in Federal Courts.

Conflict of Laws and the Internet

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1035315130
Total Pages : 561 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Conflict of Laws and the Internet by : Pedro De Miguel Asensio

Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Choice of Law

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Publisher : Oxford University Press
ISBN 13 : 0190496746
Total Pages : 800 pages
Book Rating : 4.1/5 (94 download)

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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.

The Origins of the Necessary and Proper Clause

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Publisher : Cambridge University Press
ISBN 13 : 1139489844
Total Pages : 191 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Origins of the Necessary and Proper Clause by : Gary Lawson

Download or read book The Origins of the Necessary and Proper Clause written by Gary Lawson and published by Cambridge University Press. This book was released on 2010-07-05 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.

Conflict of Laws

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Publisher :
ISBN 13 : 9781609304652
Total Pages : 0 pages
Book Rating : 4.3/5 (46 download)

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Book Synopsis Conflict of Laws by : Kermit Roosevelt

Download or read book Conflict of Laws written by Kermit Roosevelt and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

The Law of Nations

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.