Conflict of Laws Commons^™

When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya J. Monestier

Journal Articles

Many contracts that contain a forum selection clause also contain a choice of law clause. This raises the issue of whether to apply the parties’ chosen law to questions of forum selection clause interpretation, such as whether the clause is mandatory or permissive and how far the scope of the clause extends. The recent trend has been for courts to apply the law selected by the parties in their choice of law clause to govern these interpretation issues. This Article argues that the law has gone in the wrong direction and that courts should apply forum law to questions of …

Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier

Journal Articles

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court’s jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …

Due Process As Choice Of Law: A Study In The History Of A Judicial Doctrine, Matthew J. Steilen

Journal Articles

This Article argues that procedural due process can be understood as a choice-of-law doctrine. Many procedural due process cases require courts to choose between a procedural regime characteristic of the common law - personal notice, oral hearing, neutral judge, and jury trial - and summary procedures employed in administrative agencies.

This way of thinking about procedural due process is at odds with the current balancing test associated with the Supreme Court’s opinion in Mathews v. Eldridge. This Article aims to show, however, that it is consistent with case law over a much longer period, indeed, most of American history. It …

The Vicissitudes Of Choice Of Law: The Restatement (First, Second) And Interest Analysis, Jeffrey M. Shaman

Buffalo Law Review

No abstract provided.

Conflict Of Laws—Ontario Guest Statute Held Applicable Where Ontario Plaintiff Sued New York Defendant, Mark L. Finkelstein

Buffalo Law Review

Neumeier v. Kuehner, 81 N.Y.2d 121, 286 N.E.2d 454, 335 N.Y.S.2d 64 (1972).

Interest Analysis And Divorce Actions, David E. Seidelson

Buffalo Law Review

No abstract provided.

Commentary On The Conflict Of Laws. By Russell J. Weintraub., Robert L. Felix

Buffalo Law Review

No abstract provided.

Conflict Of Laws—Michigan Guest Statute Held Inapplicable As Defense In New York Wrongful Death Action, Anthony Nosek

Buffalo Law Review

Tooker v. Lopez, 24 N.Y.2d 569, 249 N.E.2d 394, 301 N.Y.S.2d 519 (1969).

The Recognition Of American Marriages And Divorces In Canada, T. C. Hartley

Buffalo Law Review

No abstract provided.

Two Approaches To Guest Statutes In The Conflict Of Laws: Mechanical Jurisprudence Versus Groping For Contracts, Marvin G. Baer

Buffalo Law Review

No abstract provided.

Does Residence Equal Domicile? Divorce Regulation Under New York Domestic Relations Law Section 250, Michael L. Mccarthy

Buffalo Law Review

No abstract provided.

International Law—Treaty Stating That Jurisdiction Over The Disposition Of Movables Is To Be Determined By Their Situs Considered To Mean That Movables Must Be Disposed Of By The Law Of Decedent’S Domicile, Bruce D. Drucker

Buffalo Law Review

Matter of Rougeron, 17 N.Y.2d 264, 217 N.E.2d 639, 270 N.Y.S.2d 578, cert. denied, 385 U.S. 899 (1966).

Family Law—Availability Of Third-Party Collateral Attack On Alabama Bilateral Divorce Decrees In New York, Henry K. Garson

Buffalo Law Review

Weisner v. Weisner, 17 N.Y.2d 799, 218 N.E.2d 300, 271 N.Y.S.2d 252 (1966).

Local And Moral Data In The Conflict Of Laws: Terra Incognita, Albert A. Ehrenzweig

Buffalo Law Review

No abstract provided.

Some Aspects Of Enforceability Of Foreign Judgments: A Comparative Summary, Barbara Kulzer

Buffalo Law Review

No abstract provided.

International Res Judicata In The Netherlands: A Comparative Analysis, Hans Smit

Buffalo Law Review

No abstract provided.

Conflict Of Laws—New York Law Applied To Bank Account Of Married Foreign Domiciliaries, Robert M. Kornreich

Buffalo Law Review

Wyatt v. Fulrath, 16 N.Y.2d 169, 211 N.E.2d 637, 264 N.Y.S.2d 233 (1965).

Conflict Of Laws—Colorado Guest Statute Precluded Recovery By Guest-Passenger From Her Host, Where Both Were New York Residents Temporarily Residing In Colorado, Robert A. Sandler

Buffalo Law Review

Dym v. Gordon, 16 N.Y.2d 120, 209 N.E.2d 792, 262 N.Y.S.2d 463 (1965).

Justice Halpern's Contribution To Conflict Of Laws, Arthur Lenhoff

Buffalo Law Review

No abstract provided.

Conflict Of Laws—Traditional Lex Loci Delecti Rule Rejected—“Most Significant Contacts” Rationale Determines Effect Of Foreign Guest Statute, Ronald L. Fancher

Buffalo Law Review

Babcock v. Jackson, 12 N.Y.2d 473, 191 N.E.2d 279, 240 N.Y.S.2d 743 (1963).

Conflict Of Laws—Non-Resident’S Action Against Foreign Corporation Where Cause Of Action Arose In New York, Thomas E. Webb

Buffalo Law Review

Gonzalez v. Industrial Bank (of Cuba), 12 N.Y.2d 33, 186 N.E.2d 410, 234 N.Y.S.2d 210 (1962).

Jurisdictional Relationship Between The Court Of The European Communities And The Courts Of The Member States, Arthur Lenhoff

Buffalo Law Review

No abstract provided.

A Proposed Step Toward Reasoned Adjudication Of Torts In The Conflict Of Laws, John O. Delamater

Buffalo Law Review

Babcock v. Jackson, 17 A.D.2d 694, 230 N.Y.S.2d 114 (4th Dep't 1962).

Conflicts Of Laws—Tax Liability Of A Foreign Jurisdiction Not Reduced To A Judgment Unenforceable, Robert W. Stephens

Buffalo Law Review

City of Philadelphia v. Cohen, 11 N.Y.2d 401, 184 N.E.2d 167, 230 N.Y.S.2d 188 (1962).

Conflicts Of Law—Foreign Divorce Action Not Enjoined If Decree Not Entitled To Full Faith And Credit, Buffalo Law Review Board

Buffalo Law Review

Arpels v. Arpels, 8 N.Y.2d 338, 207 N.Y.S.2d 663 (1960).

Conflicts Of Law—Wrongful Death Action Not Governed By Limitation On Liability Of Lex Loci Delecti, Paul W. Dolloff

Buffalo Law Review

Kilberg v. Northeast Airlines, Inc., 9 N.Y.2d 34, 211 N.Y.S.2d 133 (1961).

Conflicts Of Law—Public Policy Did Not Bar Application Of Foreign Law In Contract Action, Buffalo Law Review Board

Buffalo Law Review

Haag v. Barnes,9 N.Y.2d 554, 216 N.Y.S.2d 65 (1961).

Statute Of Limitations—Licensed Foreign Corporation Held Non-Resident Under C.P.A. § 13, James R. Lindsay

Buffalo Law Review

American Lumbermen's Mutual Casualty Co. of Illinois v. Cochrane, 284 App. Div. 884, 134 N. Y. S. 2d 473 (1st Dep't 1954).

Jurisdiction—Single Transaction Held To Be "Doing Business", Eileen Tomaka

Buffalo Law Review

Howes, S. v. W. P. Milling Co., 218 F. 2d 347 (3d Cir. 1954).

Divorce Jurisdiction—Marriage Performed Within State Held Sufficient To Confer Jurisdiction On New York Courts, Alan H. Levine

Buffalo Law Review

David-Ziesners v. Ziesners, 205 Misc. 836, 129 N. Y. S. 2d. 649 (Sup. Ct. 1954).