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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
Get Book
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: Edward I. Sykes
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 950
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Book Description
Author: Kurt H. Nadelman
Publisher:
ISBN:
Category :
Languages : en
Pages : 401
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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: Edward I. Sykes
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 966
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Book Description
Author: Hanspeter Neuhold
Publisher: BRILL
ISBN: 9004299939
Category : Law
Languages : en
Pages : 232
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Book Description
The Law of International Conflict deals with three key principles of international law from a policy-oriented perspective that includes insights from various social sciences.
Author: V.C. Govindaraj
Publisher: Oxford University Press
ISBN: 019909781X
Category : Law
Languages : en
Pages : 566
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Book Description
Conflict of laws, or private international law, is an increasingly important subject of study due to growing movement and relocation of a large number of people from one jurisdiction to another for personal and professional reasons. Despite the existence of rules and principles, there is a general uncertainty on issues such as commercial transactions, personal law subjects, and laws relating to property. The Conflict of Laws in India not only lucidly examines the inter-territorial conflicts, but also lays a special emphasis on inter-personal disputes in the Indian context. This book is a detailed and up-to-date study of conflict of laws, and focuses on its three main areas: the law of obligations, law of property, and law of persons. The volume also evaluates the role of various international instruments and conventions, including The Hague Conventions on Private International Law in resolving international conflicts. The author provides fresh perspectives on the subject, and analyses its significance in the dynamic contemporary world. This second edition elaborates on recent developments in two areas of the subject, namely Muslim law and the law relating to guardianship.
Author: Neil Kaplan
Publisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 442
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Book Description
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Author: Friedrich K. Juenger
Publisher: Brill Nijhoff
ISBN: 9781571053305
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
Contains "the original text with a set of comments by experts in the field."
Author: Peter Hay
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 148
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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.
