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Introduction, nature of the subject, the conflicts process. Foreign judments. Contractual obligations.
•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.
Highly regarded for supplying a solid analytical framework for a complicated area of the law, CONFLICT OF LAWS: Cases and Materials enters its Sixth Edition as a proven teaching tool. The casebook offers: a strong balance of current and historical cases and problems that allow students to test the application of case analysis historical treatment of -- and distinct focus on -- choice of law an entire chapter devoted to the Internet and conflicts of law arising there equal coverage of practical and theoretical aspects of conflicts a chapter on conflicts in international settings Changes for this edition bring the book up to date: older cases in the choice of law parts of the book are replaced with fresher, new ones careful editing results in a streamlined discussion of personal jurisdiction a major section on the various choices of law problems concerning same-sex marriage keeps pace with ongoing developments significant updates to the Internet and international conflicts sections reflect the many new and emerging issues
In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition
Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.
Updated and refreshed version of this classic text for a new generation of students.
Clear, informal, and even humorous, Examples & Explanations: Conflicts of Law, Fourth Edition, explores all topics covered in Conflicts courses, including personal jurisdiction and the Erie doctrine. It covers traditional and modern approaches to choice of law, proof of law, and enforcement of foreign country and sister state judgments. It provides up-to-date coverage of constitutional limits on personal jurisdiction, choice of law, and actions against sister states. Big-picture overviews and accurate statements of rules are reinforced with concrete examples and test-taking tips. The powerful Examples & Explanations pedagogy works especially well for Conflict of Laws where students gain understanding of rules and policies by applying them to new fact patterns. Summaries of leading cases found in most casebooks and a modular organization allows easy adaptation to any course. New to the Fourth Edition: Substantially revised personal jurisdiction chapters to add latest Supreme Court cases New material on full faith and credit and immunity of state governments to suit in sister states in response to recent Supreme Court decisions New material on proof of foreign country law in response to recent Supreme Court decision Additional material on state law proof of law that refers to new developments in state law New examples and explanations that apply most recent changes in law Continued coverage of same-sex marriage rights after Obergefell Professors and students will benefit from: Big picture introductions that provide a helpful road map Accurate summaries of specific rules of law Clear identification of problem areas and legal uncertainties Strategies for answering difficult questions Examples that illustrate practical consequences of rules Explanations that discuss the application of recent Supreme Court decisions
Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.
Clarkson & Hill's Conflict of Laws provides a detailed account of the topics taught on private international law courses, reflecting the profound changes that the subject has undergone in recent years. Focusing on key principles in an engaging and approachable style, this text is key reading for private international law students.