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Author: Peter Hay
Publisher:
ISBN: 9781634593083
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
•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.
Author: Peter Hay
Publisher:
ISBN: 9781634593083
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
•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.
Author: JACK & HOOK WASS (MARIA.)
Publisher:
ISBN: 9780947514112
Category :
Languages : en
Pages :
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Book Description
Author: Cuniberti, Gilles
Publisher: Edward Elgar Publishing
ISBN: 1839106530
Category : Law
Languages : en
Pages : 488
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Book Description
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Author: Peter Hay
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 150
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Book Description
The 2008 Supplement to Conflict of Laws, Twelfth Edition, prepared by Peter Hay (Emory), Russell J. Weintraub (Texas), and Patrick J. Borchers (Creighton), continues the tradition of carefully prepared annual supplements to this widely-used casebook. The 2008 Supplement is longer than past Supplements because it anticipates some of the changes in the forthcoming Thirteenth Edition, which will be published in 2009. Added as a principal case is the 2006 decision by the House of Lords extending the rule that quantification of damages is "procedural" to include statutory limits on damages. The Law Lords thus justify refusal to apply New South Wales statutory limits on damages to a suit in England even though the U.K choice-of-law rule selects New South Wales law. New items in the 2008 Supplement include: a 5th Circuit opinion denying specific jurisdiction to adjudicate a wrongful death claim against a defendant on a defective design theory when the court had jurisdiction to adjudicate the claim under other theories; a Supreme Court of Texas opinion deciding the manner in which forum contacts must be related to the cause of action to satisfy the "arise from or related to" requirement of specific jurisdiction; the French Cour de Cassation stated rules that give generous comity to foreign judgments; the National Conference of Commissioners on Uniform State Laws approved a revision of the Uniform Foreign-Country Money Judgments Recognition Act; the Uniform Law Conference of Canada adopted the Canadian Uniform Enforcement of Foreign Judgments Act, which limits the generous comity that the Supreme Court of Canada has given to foreign judgments; Japan adopted a new conflict of laws code; the Supreme Court of Texas enforced a forum-selection clause in a contract that also contained a choice-of-law clause that a Texas court would not enforce but would be enforced in the chosen forum. There is coverage of developments both in the U.S. and in other countries regarding same-sex legal relationships and their incidents. This topic is already an important source of conflict-of-laws issues and will grow in importance as more U.S. states and foreign countries adopt various forms of such arrangements. In keeping with the comparative approach of the book, the supplement also notes many developments abroad including an opinion of the Court of Justice of the European Communities interpreting the Brussels-I Regulation to further restrict English courts' ability to grant forum non conveniens stays; an opinion of the Supreme Court of Canada extending broad comity to the enforcement of foreign judgments. A feature of the 2008 Supplement is a substantial addition to the casebook's Documentary Appendix that contains more European Union legislation concerning the conflict of laws including: a Council Directive on legal aid for cross-border disputes; the latest and perhaps final draft of a Regulation to replace the Rome Convention on the Law Applicable to Contractual Obligations; a Regulation on the Law Applicable to Non-Contractual Obligations, a draft Regulation that amends the Regulation on jurisdiction and enforcement of judgments in matrimonial matters and introduces rules on the law applicable in matrimonial matters. The Supplement's Documentary Appendix contains extensive notes and comments on the documents.
Author: Geert van Calster
Publisher: Bloomsbury Publishing
ISBN: 1509942084
Category : Law
Languages : en
Pages : 531
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Book Description
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595
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Book Description
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author: Adrian Briggs
Publisher: OUP Oxford
ISBN: 019166863X
Category : Law
Languages : en
Pages : 1671
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Book Description
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.
Author: Symeon Symeonides
Publisher: Kluwer Law International B.V.
ISBN: 9041127429
Category : Law
Languages : en
Pages : 372
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Book Description
This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.
Author: Pedro De Miguel Asensio
Publisher: Edward Elgar Publishing
ISBN: 1035315130
Category : Law
Languages : en
Pages : 561
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Book Description
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author: K. Lipstein
Publisher: Springer Science & Business Media
ISBN: 9401193908
Category : Law
Languages : en
Pages : 153
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Book Description
The present volume reproduces with slight changes the course of lectures given at The Hague in 1972 under the title of "The General Principles of Private International Law". The substance of these lec tures has remained unaltered, but a number of insertions serve to cor rected some formal mistakes and misprints, added references to literature, some older, some more recent, without attempting to be exhaustive, and modified and supplemented the former exposition in two respects, where subsequent criticisms called for a review. The first concerns the place of public policy in Public International Law, the second deals with spatially-
