Learning Conflict of Laws is designed to teach aspiring litigators. Contemporary fact patterns bring doctrines to life. Hypotheticals and simulations prepare students for the practice of law. The book, written by experienced teachers, is organized into 23 chapters, with each chapter covering a specific topic. Chapters are structured so that they can be taught with or without court opinions, depending upon the amount of attention that the teacher wishes to allocate to the topic. Court opinions are used only to illustrate the application of a doctrine rather than to introduce or to teach that doctrine. The premise of the book is to provide students with the basic doctrine so that class time can be spent applying that doctrine to hypotheticals that surface the doctrine's complexity.
•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.
Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?
The Law of International Conflict deals with three key principles of modern international law that are related to each other from a policy-oriented perspective. The prohibition in the UN Charter has not stopped the threat or use of force, since the system of collective security of the World Organization still fails to effectively enforce it. On the other hand, the UN has developed peacekeeping operations, non-military sanctions, the international administration of territories, tribunals trying individuals for serious breaches of international humanitarian law and the concept of responsibility to protect. The prohibition of intervention, i.e. coercion below armed force, also poses numerous problems. The alternative, the peaceful settlement of disputes, can be achieved by various methods, all of which have advantages and shortcomings.
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
In Law, Economics, and Conflict, Kaushik Basu and Robert C. Hockett bring together international experts to offer new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the essays discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics. The contributors address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the essays in Law, Economics, and Conflict rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper—while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness. Contributors: Kaushik Basu; Kimberly Bolch; University of Oxford; Marieke Bos, Stockholm School of Economics; Susan Payne Carter, US Military Academy at West Point; Peter Cornelisse, Erasmus University Rotterdam; Gaël Giraud, Georgetown University; Nicole Hassoun, Binghamton University; Robert C. Hockett; Karla Hoff, Columbia University and World Bank; Yair Listokin, Yale Law School; Cheryl Long, Xiamen University and Wang Yanan Institute for Study of Economics (WISE); Luis Felipe López-Calva, UN Development Programme; Célestin Monga, Harvard University; Paige Marta Skiba, Vanderbilt Law School; Anand V. Swamy, Williams College; Erik Thorbecke, Cornell University; James Walsh, University of Oxford. Contributors: Kimberly B. Bolch, Marieke Bos, Susan Payne Carter, Peter A. Cornelisse, Gaël Giraud, Nicole Hassoun, Karla Hoff, Yair Listokin, Cheryl Long, Luis F. López-Calva, Célestin Monga, Paige Marta Skiba, Anand V. Swamy, Erik Thorbecke, James Walsh
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.
This reworked version of Conflict of Laws introduces a new generation of students to the classic. It has been completely rewritten to reflect all the recent developments including the increased legislation and case law in the field. The author's teaching experience is reflected in her ability to provide students with a clear statement of rules which sets out a framework to the subject, before adding detail and critical analysis. Recognising that the procedural aspect of the subject challenges most students, the book explores conflict of laws in its practical context to ensure understanding. Teachers will appreciate the logical structure, which has been reworked to reflect teaching in the field today. Retaining the authority that was the hallmark of the previous edition, this contemporary and comprehensive textbook is essential reading.
