Spillenger's Conflict of Laws

ISBN-10: 031419102X

ISBN-13: 9780314191021

Edition: 2010

Authors: Clyde Spillenger

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This Concise Hornbook guides students through the complex concepts and principles underlying the law of domestic and international conflicts. The book will be an indispensable aid to students and practitioners seeking to better Understand The basic principles of choice of law, recognition of judgments, And The law applied in federal courts, As well as more specific developments concerning conflicts in family law, cyberspace, and international transactions.
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Book details

List price: $49.00
Copyright year: 2010
Publisher: West Academic
Publication date: 4/27/2010
Binding: Paperback
Pages: 457
Size: 6.25" wide x 9.25" long x 0.75" tall
Weight: 1.320
Language: English

The Territorial Approach to Choice of Law: Concepts and Limitations
Lex Loci: The Traditional Approach to Choice of Law
The Lex Loci Approach in Tort Cases: The Carroll Case
The Lex Loci Approach in Contract Cases: Milliken v. Pratt
The Lex Loci Approach in Property Cases
Other Areas
"Escape Devices"
Substance and Procedure
Public Policy
Pleading and Proving Foreign Law
Modern Approaches to Choice of Law
The Scholarly Critique of the Territorial Approach
New York and the "Center of Gravity" Approach: Auten and Haag
Interest Analysis: The Currie Approach
Choice of Law as an Exercise in Interpretation and Construction
Identification of False and True Conflicts: The Heart of Interest Analysis
Criticisms of the Currie Approach
Identifying False Conflicts in New York: Guest Statutes and Beyond
Guest Statutes in the New York Courts: Babcock, Dym, and Tooker
Contiguous-Border Torts and the "Neumeier Rules"
Conduct Regulation and Loss Distribution: Beyond Guest Statutes
Resolving True Conflicts
Currie's Approach
Comparative Impairment
Other Solutions: "Principles of Preference" and "Shared Policies"
Territoriality Redux?
The Second Restatement: The "Most Significant Relationship"
The Better Law
Does It Matter?
A Few Areas of Modern Interest
A View of the Landscape
Statutory Solutions to Choice of Law
The "Rule of Validation," Party Autonomy, and Enforcement of Contractual Choice-of-Law Provisions
Conflict of Laws and the Uniform Commercial Code
Insurance Conflicts
Conflicts in Products Liability Litigation: Two Examples
Complex Litigation
Conflicts in Cyberspace
Constitutional Limitations on Choice of Law
Due Process
The Dick Case
Values Protected by the Due Process Clause: Fairness to Individuals, Reasonable Foreseeability, and Protection from "Unfair Surprise"
Full Faith and Credit
The 1930s Cases on Full Faith and Credit and Choice of Law
The Continuing Relevance of Pacific Employers
Due Process and Full Faith and Credit, Merged
Implementing Dick and Pacific Employers: The Watson and Clay Cases
The Modern Cases: Hague and Shutts
Full Faith and Credit, National Unity, and Sovereign Immunity
The Privileges & Immunities Clause and the Problem of Discrimination in Choice of Law
Other Constitutional Provisions
The Obligation to Provide a Forum
Hughes v. Fetter (1951)
Tennessee Coal, Iron & R.R. Co. v. George (1914)
Recognition of Judgments
The Basics of Claim and Issue Preclusion: A Review
The Terminology of Preclusion
Claim Preclusion
The Claim Preclusion Principle Defined
The "Same Claim"
The "Same Parties"
A "Judgment on the Merits"
Some Additional Issues
Issue Preclusion
The Same Issue: What Is an "Issue"?
Actually Litigated and Determined
Essential to the Judgment
Nonmutuality in Issue Preclusion
Nonmutuality, Complex and Public Law Litigation, and Class Actions
The Limits of Preclusion
The Difference Between Preclusion and Precedent
Interjurisdictional Preclusion and Full Faith and Credit
Full Faith and Credit: Article IV and 28 U.S.C. � 1738
The Basic Doctrine: Fauntleroy v. Lum
Interjurisdictional Recognition and the Role of State Interests
Workers' Compensation: An Exception to Full Faith and Credit?
Full Faith and Credit to Judgments Rendered Without Jurisdiction
Full Faith and Credit, Real Property, and Jurisdiction
Full Faith and Credit to Equitable Decrees
Congress's Power to Legislate Pursuant to the Full Faith and Credit Clause and the Problem of "Partial Repeal" of � 1738
Conflict of Laws and Domestic Relations
Ex Parte Divorce and Full Faith and Credit: The Williams Decisions
Divorce by Consent
Foreign Divorces Not Subject to Full Faith and Credit
Dissolution of Same-Sex Marriages and Civil Unions
The Incidents of Marriage and "Divisible Divorce"
Interstate Recognition of Child Custody Decrees
Full Faith and Credit and Domestic Child Custody Decrees
International Child Abduction: The Hague Convention
Spousal and Child Support Orders
The Law Applied in Federal Courts
The "Erie Doctrine": An Introduction
Why Discuss Erie in a Book on Conflict of Laws?
The Three Broad Dimensions of the "Erie Doctrine"
"Substance" vs. "Procedure"
The Role of the Constitution in the "Erie Doctrine"
Federal Courts Sitting in Diversity: Surrogates for State Courts or an Independent Judicial System?
The Supreme Court's Messy Line of Decisions, and Not the Logically Consistent Theories of Legal Scholars, Are the Law
The Vast Majority of "Erie Decisions" Have Been Rendered by the Lower Federal Courts, Not the Supreme Court
The Decision in Erie R.R. v. Tompkins (1938)
What Erie Got Rid Of
Justice Story and Swift v. Tyson (1842)
What Was Wrong (Or Became Wrong) About Swift v. Tyson?
The Constitutional Basis of the Erie Decision
Taking Stock of Erie
The "Erie Doctrine" After Erie: From Klaxon (1941) to Walker (1980)
Klaxon v. Stentor (1941)
Limitations Periods: Guaranty Trust v. York (1945)
More Than Forum Shopping: Byrd v. Blue Ridge (1958)
The Role of the Rules Enabling Act: Hanna v. Plumer (1965)
Is There an "Unavoidable Conflict"? Walker v. Armco Steel (1980)
The "Erie Doctrine" After Walker v. Armco Steel
Burlington Northern Ry. v. Woods (1987)
Stewart Organization, Inc. v. Ricoh Corp. (1988)
Gasperini: A Return to the Byrd Problem?
The Latest: Semtek (2001)
Federal Common Law After Erie
Conflict of Laws in the International Sphere
Some Introductory Comments
Jurisdiction to Prescribe Under International Law
The Presumption Against Extraterritoriality
The Aramco Case: Title VII
Extraterritorial Application of the U.S. Antitrust Laws
The Presumption Against Territoriality as Applied to Other U.S. Laws
Why Aren't Aramco and the Other "Extraterritoriality" Cases Treated as Choice-of-Law Cases?
The Act-of-State Doctrine
The Constitution and the Flag: Extraterritorial Reach of the U.S. Constitution
The Status of International Law in American Courts
Comparative Choice of Law: Conflicts Law Outside the United States
Recognition of Foreign Judgments
A Leading Case of Doubtful Modern Authority: Hilton v. Guyot (1895)
Libel Tourism: A Case Study in the Recognition and Enforcement of Foreign-Country Judgments
Table of Cases
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