American conflicts law
Transnational Publishers, 2001 - Law - 1029 pages
No less than in other jurisdictions world-wide, conflicts law in the U.S. continues to undergo a major transformation. Accordingly, this fully updated new edition of the classic treatise and commentary on American conflicts law will be welcomed, not only in law schools, but also by all legal professionals practising before U.S. Courts. This Fifth Edition opens with an in-depth examination of the essential topics that affect conflict of laws decisions in United States courts regardless of the conflict-of-laws system employed. Early chapters cover the background of choice of law, domicile, personal jurisdiction and related matters, the constitutional limitations on choice of law in the United States, "vertical" choice of law in the federal courts (the Erie doctrine), and judgements and public acts. Building on this foundation, the book proceeds to an analysis of the development and application of the traditional "vested rights" system of Conflicts and goes on to examine the modern conflicts systems that have steadily been replacing that system in the latter half of the twentieth century. The book includes revised and updated chapters on choice-of-law developments in American courts under all existing conflict-of-laws systems. Its coverage includes conflict of laws in criminal cases, the substance-procedure distinction, and an examination of conflict-of-laws issues under all systems in particular substantive areas. Included are chapters on torts, contracts, workers' compensation, land, tangible and intangible personality, trusts, wills and inheritance, decedents' estates, receivers and conservators, marriage and its termination, marital property, relationships with children, and corporations. In addition to extensive description of all important developments in conflict of laws through the year 2000, the authors have provided important analysis and critical commentary of the case law within each topic covered. In its revised and updated form, this is an excellent analytic commentary for all students of conflict of laws at the beginning of the twenty-first century, as well as a prime research source for lawyers and judges confronted with conflict of laws issues.
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2d Cir 5th Cir administration analysis Annotation apply Arkansas assertion award California child Choice of Law claim common law compensation Conflict of Laws conflicts law constitutional contract Corp corporation Court held Credit Clause custody decision decree defendant defendant's determine discussed divorce doctrine domicile domiciliary Due Process Clause effect enforce Erie Erie doctrine extrastate facts faith and credit federal courts Federal Rules foreign forum non conveniens Full Faith governmental interests infra injury International Iowa issue issue preclusion judgment judicial juris land liability litigation long-arm statute marital marriage minimum contacts Minn Missouri N.Y. App nonresident parties personal jurisdiction plaintiff preclusion problem procedural provides question reason res judicata residence Restatement Second situs spouse statutory subject-matter jurisdiction substantive suit Supp supra note Supreme Court Texas tion tort transaction Trust Uniform United States Supreme valid York