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Conflict of Laws

ISBN-10: 159941788X
ISBN-13: 9781599417882
Edition: 2010
Authors: Kermit Roosevelt
List price: $43.00
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Description: This new addition to the Concepts and Insights series provides an analytical overview of the field of conflicts, explaining all major choice-of-law approaches in simple and straightforward text. Separate chapters explore discrete conflicts issues,  More...

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Book details

List price: $43.00
Copyright year: 2010
Publisher: West Academic
Publication date: 10/29/2009
Binding: Paperback
Pages: 265
Size: 6.25" wide x 9.25" long x 0.50" tall
Weight: 0.792
Language: English

This new addition to the Concepts and Insights series provides an analytical overview of the field of conflicts, explaining all major choice-of-law approaches in simple and straightforward text. Separate chapters explore discrete conflicts issues, including personal jurisdiction, recognition of judgments, family law, and state-federal conflicts including Erie and preemption. Extensive description and analysis of leading cases make this book an excellent companion to a casebook as well as a resource for practitioners.

Acknowledgments
Introduction
Coice of Law
The Traditional Approach
Introduction
Traditional Theory: Jurisdiction-Selecting Rules
Torts
Contracts
Other Traditional Rules
Property
Marriage
Corporations
Traditional Practice: Escape Devices
Characterization
Substance vs. Procedure
Limitations Periods
Renvoi
Public Policy, Penal and Tax Laws
Public Policy
Penal and Tax Laws
The Traditional Flowchart; Pleading and Proving Foreign Law
Evaluation
Modern Approaches I (Interest Analysis)
Introduction
Statutory Solutions
Party Autonomy
Interest Analysis
Introduction: Critics of the First Restatement
Brainerd Currie
False Conflicts
Tooker v. Lopez
Schultz v. Boy Scouts of America, Inc
The Unprovided-For Case
True Conflicts
Moderate and Restrained Interpretation
Territorial Tiebreakers
Balancing and Comparative Impairment
Principles of Preference
Kramer's Canons
Others
Evaluation
Modern Approaches H (The Second Restatement and Better Law)
The Second Restatement
Torts
Contracts
Property
Evaluation
Better Law
The Approach
Evaluation
Pervasive problems
Depecage
Renvoi
Complex Litigation
Characterization
Constitutional Constraints on Choice of Law
Relevant Constitutional Provisions
Due Process
Privileges and Immunities
Full Faith and Credit
Others
Limits on the Use of Local Law as a Rule of Decision
Original Understandings
Evolution
Full Faith and Credit
Due Process
Privileges and Immunities
The Modern Synthesis
Summary and Evaluation
Rethinking Constitutional Choice of Law
Privileges and Immunities
Full Faith and Credit
Conclusion
The Obligation to Provide a Forum
Other Applications
Federal-State Conflicts
The Erie Doctrine
Klaxon
Federal Common Law
Rights and Obligations of the Federal Government
Other Federal Interests
Lack of State Power
Congressional Authorization
The Content of Federal Common Law
Preemption and Supremacy
Preemption
Federal Law in State Courts
Judicial Jurisdiction
Territoriality
Evolution of Specific Jurisdiction
General Jurisdiction
Attachment Jurisdiction
Transient Jurisdiction
Internet Jurisdiction
Declining Jurisdiction: Forum non conveniens
Recognition of Judgments
Introduction
Error, Public Policy, and Forum Interests
Limits on Full Faith and Credit
Procedural Rules, Limits on F-2 Jurisdiction
Limits on F-l Jurisdiction
Invalidity of F-l Judgment
F-l Judgment not on Merits
Lack of Finality in F-l
Equitable Decrees
Diversity Judgments
Family Law
Introduction
Marriage
Divorce
Ex Parte Divorce
Bilateral Divorce
Same-Sex Divorce
Child Custody and Adoption
Custody
Adoption
International Conflicts
Introduction
Extraterritorial Application of Federal Statutes
Extraterritorial application of the Constitution
Global Due Process
Other Possibilities
Textualism
Territoriality
Social Contract
Limited Government
Mutuality of Obligation
Choice of Law (Interest Analysis)
Cases
Recognition of Foreign Country Judgments
Table of Cases
Index

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