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Conflict of Laws-Application of Full Faith and Credit Clause to State Court's Finding in Support of Its Jurisdiction
Washington and Lee Law Review Volume 6 | Issue 1 Article 6 Spring 3-1-1949 Conflict Of Laws-Application Of Full Faith And Credit Clause To State Court'S Finding In Support Of Its Jurisdiction Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Conflict of Laws Commons Recommended Citation Conflict Of Laws-Application Of Full Faith And Credit Clause To State Court'S Finding In Support Of Its Jurisdiction, 6 Wash. & Lee L. Rev. 61 (1949), https://scholarlycommons.law.wlu.edu/wlulr/vol6/ iss1/6 This Comment is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. 1949 CASE COMMENTS 55 CASE COMMENTS BANKRUPTCY-DEFINITION OF "FARUER" FOR PURPOSES OF RELIEF THROUGH AGRICULTURAL COMPOSITIONS AND EXTENSIONS. [Federal] The availability of relief under the agricultural compositions and extensions phases of federal bankruptcy legislation depends on the pe- titioner's ability to bring himself within the definition of a farmer as set out in Section 75 (r) of the Bankruptcy Act.1 Prior to 1933, the Bankruptcy Act reference to farmers was merely to those "engaged chiefly in fanning or the tillage of the soil."2 However, the special legis- lation of 1933 adopted a definition in the alternative, providing that persons who -
Conflict of Laws: Contracts and Other Obligations F
Louisiana Law Review Volume 35 | Number 1 Fall 1974 Conflict of Laws: Contracts and Other Obligations F. Michael Adkins Repository Citation F. Michael Adkins, Conflict of Laws: Contracts and Other Obligations, 35 La. L. Rev. (1974) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol35/iss1/8 This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. COMMENTS CONFLICT OF LAWS: CONTRACTS AND OTHER OBLIGATIONS In ordering relations between parties to a contract, the courts have developed standards for choosing between conflicting laws of two or more jurisdictions in at least four areas of contract law: capac- ity of the parties to contract, availability and nature of the remedy, formal validity, and substantive validity.' Of the fascicle of conflicts rules applicable to such a problem, those providing the substantive law to determine the validity of the alleged contract have been dealt 1. Louisiana jurisprudence peculiarly splits these considerations of conflicts prob- lems sounding in contract into separate categories. Capacity: The law of the domicile of the parties in question controls the capacity to contract. See Pilcher v. Paulk, 228 So. 2d 663 (La. App. 3d Cir. 1969) (minors); Sun Oil Co. v. Guidry, 99 So. 2d 424 (La. App. 1st Cir. 1957) (minors). Louisiana courts have regularly held that the law of the domicile of the parties governs the capacity of a party to contract with his or her spouse for a regime other than the community of gains, or for a settlement or division of property owned in common. -
Resolving International Conflict of Laws by Federal and State Law, 2 Pace Y.B
Pace International Law Review Volume 2 Issue 1 Article 3 September 1990 Resolving International Conflict of Laws yb Federal and State Law James A.R. Nafziger Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation James A.R. Nafziger, Resolving International Conflict of Laws by Federal and State Law, 2 Pace Y.B. Int'l L. 67 (1990) Available at: https://digitalcommons.pace.edu/pilr/vol2/iss1/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. RESOLVING INTERNATIONAL CONFLICT OF LAWS BY FEDERAL AND STATE LAW James A.R. Nafzigert THE ISSUE: A PRELIMINARY ANALYSIS A recurring problem in a federal system is to determine the applicability of state law in international cases before civil courts. In the United States this problem arises in both state courts and federal courts considering cases under diversity juris- diction. From one viewpoint, rules applicable in domestic cases ought generally to apply in international cases as well. Thus, state law should apply in international cases when it would ordi- narily apply in domestic cases. An important corollary is that federal common law should not displace state law except when federal interests are unusually compelling. This is generally the rule today. A contending argument, however, favors a more fully federalized choice of law to replace state law in both federal and state courts. -
The Logical and Legal Bases of the Conflict of Laws
YALE LAW JOURNAL Vol. XXXIII MARCH, 1924 No. 5 THE LOGICAL AND LEGAL BASES OF THE CONFLICT OF LAWS WALTER WHELER Cook Time was when the students of the physical sciences sought to judge the truth or correctness of any particular statement about a particular physical thing--plant, heavenly body, or case of chemical change-by assuming that they had already in hand "a general truth with which to compare the particular empirical occurrence." The assumption was, as John Dewey, from whom I am quoting, puts it, that the human "mind was already in possession of fixed truths, universal principles, pre- ordained axioms" and that "only by their means could contingent, vary- ing particular events be truly known."' So long as this assumption maintained its hold upon men's minds no real advance in physical science was possible. Modern science really began only when "men trusted themselves to embarking upon the uncertain sea of events and were willing to be instructed by changes in the concrete. Then ante- cedent principles were tentatively employed as methods for conducting observations and experiments, and for organizing special facts: as hypotheses. ' 2 In the field of the physical sciences, therefore, the deduc- tive method of ascertaining the truth about nature has given way to what is called-perhaps with not entire accuracy-the inductive3 method of modern science, in which the so-called "laws of nature" are reached by collecting data, i.e. by observing concrete phenomena, and then forming, by a process of "trial and error," generalizations which are merely useful tools by means of which we describe in mental shorthand 'John Dewey, Human Nature and Conduct (1922) 242. -
Jurisdiction and Governing Law Rules in the European Union
Jurisdiction and Governing Law Rules in the European Union Contents Introduction 1 Recast Brussels Regulation (EU 1215/2012) 2 Rome I Regulation (EC 593/2008) 4 Rome II Regulation (EC 864/2007) 6 Main exceptions 8 016 2 Further information If you would like further information on any aspect of jurisdiction and governing law rules in the European Union, please contact a person mentioned below or the person with whom you usually deal. Contact Ivan Shiu, Partner T +44 (0)20 7296 5131 [email protected] Giles Hutt, Professional Support Lawyer T +44 (0)20 7296 5483 [email protected] This note is written as a general guide only. It should not be relied upon as a substitute for specific legal advice. Jurisdiction and Governing Law Rules in the European Union January 2016 1 Introduction For any commercial organisation, ensuring that a how the rules work, and giving details of key provisions. dispute is tried in a forum that is both convenient and To help practitioners spot similarities and differences business-friendly is often critical: it can greatly increase between the Regulations, which dovetail with each the chance of achieving a successful outcome, and other, rules are grouped by colour according to their doing so in a reasonable time frame and at reasonable subject matter. So, for example, rules governing the expense. The law governing legal obligations is also scope of a Regulation appear in dark green boxes; crucial, of course. Unfortunately it is not always those dealing with party choice appear in blue boxes; straightforward to work out which court or courts are and 'escape' clauses (a prominent feature of the Rome free (or obliged) to try a case, and what law they will Regulations) are shown in white boxes. -
General Rules on Private International Law in the American Countries
239 CHAPTER III GENERAL RULES ON PRIVATE INTERNATIONAL LAW IN THE AMERICAN COUNTRIES. COMPARATIVE LAW From the commentaries of Acursio (1228) up until the formula tion of the early general problems of private international law in the 19th century100, more than 600 years elapsed during which time specific conflicts rules relating to various substantive areas of law became part of civil or commercial codes101. Nonetheless, general institutions of private international law normally have not been enacted, and, therefore, the discipline of private international law does not presently enjoy legislative autonomy. In the Americas, the rules of private international law cannot be found in any single body of laws because the codes adopted throughout the hemisphere were enacted prior to the formulation of the general theory of private international law. It was only at the beginning of this century that a regional doctrinal trend, in spired by the worldwide achievement of scientific autonomy for private international law, began to develop in the Americas and sought solutions to the problems presented by the general institu tions of this discipline. More recently, a number of judgments have accorded the value related institutions of private international law greater relevance by seeking due justice, rather than formal adjudi cation in each specific case102. The Inter-American Convention on General Rules recognizes as fundamental this doctrinal and jurisprudential trend characterized by a growing deference for foreign law and for the individual in terests related thereto. For that reason, before examining the regional convention, it is appropriate to consider the national legislation as an overview and threshold to the study of regional conventional law. -
Conflict of Laws
SMU Law Review Volume 60 Issue 3 Article 8 2007 Conflict of Laws James P. George Texas A&M University School of Law, [email protected] Anna K. Teller Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Law Commons Recommended Citation James P. George & Anna K. Teller, Conflict of Laws, 60 SMU L. REV. 817 (2007) https://scholar.smu.edu/smulr/vol60/iss3/8 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. CONFLICT OF LAWS James P. George* Anna K. Teller** TABLE OF CONTENTS I. CONFLICTS AT LARGE IN TEXAS-AN OV ERV IEW .............................................. 818 II. CHOICE OF LAW ....................................... 821 A. STATUTORY CHOICE-OF-LAW RULES ................... 822 B. CHOICE-OF-LAW CLAUSES IN CONTRACTS ............. 823 C. THE MOST SIGNIFICANT RELATIONSHIP TEST .......... 826 1. Contract Cases .................................... 826 2. Tort Cases ......................................... 827 3. Class Action Certifications......................... 829 D. OTHER CHOICE-OF-LAW ISSUES ........................ 830 1. Legislative Jurisdiction and Other Constitutional Limits on State Choice-of-law Rules ............... 830 2. Comity Recognizing Neighboring State's Sovereign Im m unity .......................................... 832 3. False Conflicts ..................................... 832 4. Proof of Foreign Law ............................. 835 5. Use of the Forum's ProceduralRules .............. 836 6. Indemnitor's Intervention on Appeal to Raise Choice-of-law Issue Omitted by Insured............ 836 7. Choice of law and In Rem Jurisdiction............. 837 TATE and national laws collide when foreign factors appear in a lawsuit. -
Regulation of Dispute Resolution in the United States of America: from the Formal to the Informal to the ‘Semi-Formal’
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2013 Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-formal’ Carrie Menkel-Meadow Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1291 http://ssrn.com/abstract=2337199 Carrie Menkel-Meadow, Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-formal’ in REGULATING DISPUTE RESOLUTION: ADR AND ACCESS TO JUSTICE AT THE CROSSROADS: (Felix Steffek, Hannes Unberath, Hazel Genn, Reinhard Greger & Carrie Menkel-Meadow, eds., Oxford, U.K.: Hart 2013) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Civil Procedure Commons, Conflict of Laws Commons, and the Dispute Resolution and Arbitration Commons Regulation of Dispute Resolution in the United States of America Carrie Menkel-Meadow 15 Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-formal’ CARRIE MENKEL-MEADOW I. Introduction: History and Characteristics of Dispute Resolution in the US: Formalism, Informalism and ‘Semi-formalism’ with and without Regulation II. The Characteristics of ‘Formal’ Justice III. Informal Justice in the US IV. ‘Semi-formal’ Justice in the US V. What Little We Know about Dispute Resolution Use and Regulation VI. Assessing Justice in Plural Procedural Practices I. INTRODUCTION: HISTORY AND CHARACTERISTICS OF DISPUTE RESOLUTION IN THE US: FORMALISM, INFORMALISM AND ‘SEMI-FORMALISM’ WITH AND WITHOUT REGULATION HE STORY OF ADR in the US is one of ‘co-optation’ of what was to be a serious challenge to formalistic and legalistic approaches to legal and social problem solving and is now highly institutionalised by its more formal use T 1 in courts. -
'Giustizia Consensuale': a New Law Journal On
‘Giustizia consensuale’: A New Law Journal on Consensual Justice in Its Many Nuances and Forms In recent years, the debate surrounding consensual justice and party autonomy has received increasing attention in the national and international arenas and has raised a broad array of questions. In the pressing need to observe this phenomenon from different perspectives lies the rationale behind a newly founded biannual journal, Giustizia consensuale. The journal, founded and directed by Prof. Silvana Dalla Bontà and Prof. Paola Lucarelli, features contributions in both Italian and English. By adopting an interdisciplinary and holistic approach, the journal aims to investigate the meaning of consensual justice, its relation with judicial justice, and the potential for integrating – rather than contrasting – these two forms of justice. This investigation is premised on the relationship between justice and private autonomy as well as forms of integrative, participatory, and restorative justice. By being particularly suited for meeting the needs of an increasingly complicated and multi-faceted society, these forms of justice ultimately promote social cohesion and reconciliation. Against this backdrop,Giustizia consensuale strives to make a valid contribution to the discourse on conflict and the meaning of justice by fostering an interdisciplinary dialogue which encompasses both theory and practice. The first issue of Giustizia Consensuale has just been released and it features: Silvana Dalla Bontà (University of Trento), Giustizia consensuale (‘Consensual Justice – A Foreword’; in Italian) Paola Lucarelli (University of Firenze), Mediazione dei conflitti: una spinta generosa verso il cambiamento (Conflict Mediation: A Push for Cultural Change; in Italian) From the Italian Recovery and Resilience Plan to the guidelines of the Italian Ministry of Justice, the urgency of a reform to strengthen out-of-court dispute resolution procedures clearly emerges. -
Legal Realism and the Conflict of Laws Kermit Roosevelt III University of Pennsylvania Law School, [email protected]
University of Pennsylvania Law School Penn Law: Legal Scholarship Repository Faculty Scholarship 2015 Legal Realism and the Conflict of Laws Kermit Roosevelt III University of Pennsylvania Law School, [email protected] Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the Conflict of Laws Commons, Judges Commons, Legal History Commons, and the Public Law and Legal Theory Commons Recommended Citation Roosevelt, Kermit III, "Legal Realism and the Conflict of Laws" (2015). Faculty Scholarship. Paper 1582. http://scholarship.law.upenn.edu/faculty_scholarship/1582 This Response or Comment is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. ARTICLE REALISM AND REVOLUTION IN CONFLICT OF LAWS: IN WITH A BANG AND OUT WITH A WHIMPER CELIA WASSERSTEIN FASSBERG† Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly referred to as a “revolution.” Quite apart from its revolutionary content, this scholarship is extraordinary in three principal ways. First, it is extraordinary for its volume, its prominence and the eminence of many of those producing it. Following Joseph Story’s pioneering work in the nineteenth century1 and well into the middle of the twentieth century, some of the best and brightest legal minds in some of the leading American law schools were devoting their not inconsiderable energies to this field, publishing in the best of the American law journals and spawning a vast literature—Joseph Beale2 and Erwin Griswold,3 Wesley † Judge Harry M. -
Conflicts Basics: CHOICE of LAW and MULTISTATE JUSTICE by Friedrich K. Juenger
Catholic University Law Review Volume 44 Issue 2 Winter 1995 Article 4 1995 Back to Conflicts Basics: CHOICE OF LAW AND MULTISTATE JUSTICE by Friedrich K. Juenger Stanley E. Cox Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Stanley E. Cox, Back to Conflicts Basics: CHOICE OF LAW AND MULTISTATE JUSTICE by Friedrich K. Juenger, 44 Cath. U. L. Rev. 525 (1995). Available at: https://scholarship.law.edu/lawreview/vol44/iss2/4 This Book Review is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. BOOK REVIEW Back to Conflicts Basics: CHOICE OF LAW AND MULTISTATE JUSTICE by Friedrich K. Juenger Reviewed by Stanley E. Cox* Chief Justice Stone is reported to have said that the study of conflict of laws is a good substitute for a more formal course on legal jurisprudence.' Conflicts theories, among other things, at their heart address issues of how "true" laws are, how much respect governments should give to other sovereigns or to private agreements, and what role the judiciary should play as lawmaker or law interpreter. Discussions about how to choose law are in essence discussions about what constitutes justice. A good book on conflicts should provoke foundational thinking about such issues and other basics of the conflicts discipline. Choice of Law and Multistate Justice2 does. I. A QUICK OVERVIEW Professor Juenger's thesis is that the only sensible choice-of-law theory is to apply the best substantive law to interstate and international dis- putes.3 Whether one agrees or disagrees with this thesis, it is refreshing to read a conflicts monograph that argues consistently at the foundational level and pursues its thesis from introduction to conclusion. -
The Nature and Scope of the Conflict of Laws Aim: to Provide an Overview of the Nature and Scope of the Conflict of Laws
PRIVATE INTERNATIONAL LAW : CONFLICT OF LAWS The Nature and Scope of the Conflict of Laws Aim: To provide an overview of the nature and scope of the Conflict of Laws. Objectives: After carefully studying the following notes, and other prescribed readings for this lecture, you will be able to: 1. Explain how an English court may acquire jurisdiction in a Conflict of Laws case; 2. Explain the stages in the choice of law process and outline what is meant by categorization; characterization (or classification); substance and procedure; an incidental question; a connecting factor; and renvoi; 3. Provide an outline account of the process by which the recognition and enforcement of foreign judgments is made. Introduction The Conflict of Laws is an integral part of English private law in which, by definition, the subject matter always contains a ʹforeign element.ʹ In a simple example, the foreign element differs from (i.e., ʹconflictsʹ with) the English rule on the same point. Resolution of the problem - i.e., resolution of the conflict - is by way of determining the courts of which country have jurisdiction to hear the case and which system of law they would apply. The following examples illustrate the distinction between uncomplicated, domestic cases and those requiring further analysis because of the inclusion of the foreign element. Examples George, an autonomous individual who has always lived in England, contracts in London with Arthur, another autonomous individual who, also, has always lived in England, for the purchase of Arthurʹs vintage car. If, subsequently, Arthur should breach the terms of the contract, then it would appear to be a relatively straightforward matter for an English court to deal with if litigation should ensue: the parties to the contract are English, the place of contracting is England and so, in the absence of evidence to the contrary, the contract will be governed by English law.