Examples & Explanations for Conflict of Laws
Examples & Explanations for Conflict of Laws

Author: Michael H. Hoffheimer

Publisher: Aspen Publishing

Published: 2023-01-06

Total Pages: 553

ISBN-13: 1543857957

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Clear and informal, Examples & Explanations for Conflict of Laws, Fifth Edition, covers all topics in Conflicts courses, including personal jurisdiction and the Erie doctrine. It explains traditional and modern approaches and discusses constitutional limits on choice of law. 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. The Fifth Edition adds three new Supreme Court decisions that change the law in three key areas. It eliminates one case that the Supreme Court has overruled. It provides more examples and illustrations to clarify the scope of decisions. It adds an entirely new chapter on the proposed Third Restatement of Choice of Law that is now being studied in some Conflicts courses. And it offers a helpful summary of the controversial anti-foreign law statutes that a dozen states have enacted. New to the 5th Edition: New chapter on the draft Restatement Third of Conflicts Discussion of three Supreme Court decisions that alter rules Coverage of state anti-foreign law statutes More examples and explanations Elimination of one case overruled by Supreme Court Professors and students will benefit from: No-nonsense explanation of proposed Restatement Third Clear explanation of the recent changes in the law from the Supreme Court

Collier's Conflict of Laws
Collier's Conflict of Laws

Author: Pippa Rogerson

Publisher: Cambridge University Press

Published: 2013-06-06

Total Pages: 515

ISBN-13: 110735451X

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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.

Conflicts of Law and Morality
Conflicts of Law and Morality

Author: Kent Greenawalt

Publisher: Oxford University Press, USA

Published: 1989

Total Pages: 396

ISBN-13: 0195058240

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Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

Conflict of Laws
Conflict of Laws

Author: Lea Brilmayer

Publisher: Aspen Publishers

Published: 2011

Total Pages: 0

ISBN-13: 9780735557451

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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

Resolving Conflicts of Laws
Resolving Conflicts of Laws

Author: Mark James Leeming

Publisher:

Published: 2011

Total Pages: 258

ISBN-13: 9781862878259

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Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories

The Conflict of Laws
The Conflict of Laws

Author: Christopher M. V. Clarkson

Publisher: Oxford University Press, USA

Published: 2011

Total Pages: 584

ISBN-13: 0199574715

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Introduction, nature of the subject, the conflicts process. Foreign judments. Contractual obligations.

The Conflict of Laws
The Conflict of Laws

Author: Adrian Briggs

Publisher: Oxford University Press, USA

Published: 2019-10-28

Total Pages: 417

ISBN-13: 0198838506

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This 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. Written to take account of the various possible outcomes of the Brexit process, it goes as far as is possible to make sense of the effect it will have on English private international law. The volume covers general principles, jurisdiction, and the effect of foreign judgments; the law applicable to contractual and non-contractual obligations, the private international law of property, of adults (the increasingly complex law of children is described in bare outline), 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 can often obscure the architecture of the subject and unnecessarily complicate its study. This new edition organizes the existing material in light of European legislation on private international law, reflecting the way in which an accurate representation of the topic requires it to be interpreted as European law with a common law periphery, instead of common law with European legislative influences. As at the time of writing - and possibly for some time to come - the consequences of Brexit are a mystery, but the attempt is made to describe the various possible shapes which the subject will assume in the future. The book adopts a pragmatic approach 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 in giving legal advice.

Conflict of Laws
Conflict of Laws

Author: Laura E. Little

Publisher: Aspen Publishing

Published: 2018-02-26

Total Pages: 1183

ISBN-13: 1454897767

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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

Intellectual Property in the Conflict of Laws
Intellectual Property in the Conflict of Laws

Author: Schaafsma, Sierd J.

Publisher: Edward Elgar Publishing

Published: 2022-01-14

Total Pages: 608

ISBN-13: 1839108509

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This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.