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Author: Dean Symeon C. Symeonides
Publisher: Oxford University Press
ISBN: 0190496746
Category : Law
Languages : en
Pages : 841
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Book Description
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Author: Dean Symeon C. Symeonides
Publisher: Oxford University Press
ISBN: 0190496746
Category : Law
Languages : en
Pages : 841
Get Book Here
Book Description
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Author: Symeon Symeonides
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 952
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Book Description
Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
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: Symeon Symeonides
Publisher: BRILL
ISBN: 9004435883
Category : Law
Languages : en
Pages : 1920
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Book Description
This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts cases in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation and distills the resulting lessons for attorneys, academics, and lawmakers. This is a book about law in action. The author reviews the decisions of all American appellate courts in the last twenty years and discusses those that add something new to the development or understanding of conflicts law, particularly choice of law. “It is a daunting task to find an answer to a choice-of-law question in American law. In all states, except two and Puerto Rico, the answer must be found in the particular state’s case law. How to find it? To evaluate it, to compare it with other states’ law, with one’s own? For over 33 years, Professor Symeonides has rendered an enormous service to all segments of the profession – courts, practitioners, academics – with his annual survey of virtually all choice-of-law decisions of American courts, most of them thoughtfully annotated and evaluated. His surveys proved to be an extraordinary help. The present volume consolidates most of these contributions. It is enhanced by a new Introduction and a comprehensive Index. This consolidated presentation of his expert reviews and commentary is an extraordinary contribution." Peter Hay, L.Q.C. Lamar Professor of Law Emeritus, Emory University School of Law. "It is impossible to overstate the value and significance of the Choice-of-Law Surveys written by Dean Symeon C. Symeonides over thirty years. These surveys have not only educated law professors and lawyers about changing dynamics in the field of choice of law, but they have been instrumental in refining the modern method of analyzing and resolving these cases . . . [and] have formed the basis for the emerging Third Restatement of Conflict of Laws. . . . [I]n all the ways that count, Symeonides is the father of choice of law in the twenty-first century. . . . He deserves our gratitude and respect and our recognition of his pivotal place in the choice of law field." Joseph W. Singer, Harvard Law School.
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: Erin A. O'Hara
Publisher: Oxford University Press
ISBN: 0199718482
Category : Law
Languages : en
Pages : 289
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Book Description
Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Albert Armin Ehrenzweig
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 890
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Book Description
Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
ISBN: 9041120718
Category : Law
Languages : en
Pages : 306
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Book Description
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Author: Edwin S. Fruehwald
Publisher: Bloomsbury Publishing USA
ISBN: 0313074224
Category : Law
Languages : en
Pages : 182
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Book Description
This study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law. In the early 20th century, there was a fairly-uniform multilateralist method of choice law. In the 1920s and 30s, however, scholars adn courts began to reject this method. Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy. Currently, state courts use four different approached to choice law with numerous material variations. This study rejects these approaches on normative, constitutional, and practical grounds. Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states. The study also argues that such an approach should satisfy a constitutional standard that requires a court not choose one state's law when another state has a significantly closer connection to controversy. The proposed method consists of two parts. The first part determines the states that have created legal relations applying to the dispute. When more than one state has created a legal realtions applying to the dispute. When more than one state has created a legal relation that applies to the controversy, the second part adopts the law of the state that had the closest connection. The study then applies the suggested method to numerous choice of law problems.
