Conflict of Laws Commons^™

Surprises In The Skies: Resolving The Circuit Split On How Courts Should Determine Whether An "Accident" Is "Unexpected Or Unusual" Under The Montreal Convention, Ashley Tang

Washington Law Review

Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during international air carriage. However, neither Convention defines the term “accident.” While the United States Supreme Court opined that, for the purposes of Article 17, an air carrier’s liability “arises only if a passenger’s injury is caused by an unexpected or unusual event or happening that is external to the passenger,” it did not explain what standards lower courts should employ to discern whether an event is “unexpected or unusual.” In 2004, …

Fugitive Pull: Applying The Fugitive Disentitlement Doctrine To Foreign Defendants, Zachary Z. Schroeder

Washington Law Review

Defendants force courts to decide whether to use judicial time and resources to hear a case when they either flee or refuse to submit to jurisdiction. Judges in the United States possess an exceptional discretionary power to deny access to the courts in these circumstances through the fugitive disentitlement doctrine. The fugitive disentitlement doctrine developed as federal common law and permits courts to exercise discretion in declining to hear appeals or motions from defendants classified as fugitives from justice.

Historically, the fugitive disentitlement doctrine was intended to prevent courts from wasting resources adjudicating cases when a defendant has fled and …

Implementing The Uniform Conflict Of Laws-Limitations Act In Washington, Christopher R.M. Stanton

Washington Law Review

The traditional rule for conflicts statutes of limitation is that the forum applies its own limitation period. In 1983, Washington adopted the Uniform Conflict of Laws-Limitations Act (the "Uniform Act") and is now one of six states to have adopted the Uniform Act. The Uniform Act represents the culmination of years of independent judicial and legislative attempts to change the traditional rule so as to provide some rational basis for the application of a particular statute of limitation in a given case. However, the Uniform Act presents some interpretive difficulties with respect to the question of which state's law forms …

Conflict Of Interest, Robert H. Aronson

Washington Law Review

The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …

A Functional Approach To The Conflict Of Laws, Philip A. Trautman

Washington Law Review

A book review essay considering Commentary on the Conflict of Laws, by Russel J. Weintraub (1971).

Conflict Of Laws—Policy Of The Forum As Basis Of Conflicts Rules, David W. Sandell

Washington Law Review

In Richards v.United States, the United States Supreme Court faced a conflict of laws problem arising under the Federal Tort Claims Act.

Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.

Washington Law Review

No abstract provided.

"The Place Of The Wrong": Torts And The Conflict Of Laws, George W. Stumberg

Washington Law Review

In an article published in 1951, a well-known English authority on conflict of laws remarked, "To a foreign observer, it seems extraordinary that there should be so much uncertainty in the United States as to what law governs the validity of a contract, and so much uncritical acceptance of the rule that tort liability is governed by the law of the place of wrong."' The writer was referring, of course, to the rule embodied in the Restatement of Conflict of Laws, according to which the place of the wrong is that place where the tortious conduct of the defendant has …

Conflicts, Peter J. Samuelson

Washington Law Review

Covers cases on administrators—right to sue under foreign wrongful death.

Conflict Of Laws, William E. Love

Washington Law Review

Covers cases on jurisdiction—order affecting possession of foreign land.

Strategy For Washington Lawyers In Child Custody Suits Involving Conflict Of Laws, Ray Graves

Washington Law Review

In recent years, an ever increasing number of cases involving some phase of this problem has come before the appellate courts of the several states. The purpose of this article is to review the law as it presently exists in Washington, to point out the particular problems facing the Washington lawyer handling such a case, and to make suggestions for effective action based upon a survey of end results accomplished by the actual application of one or more of the bases of jurisdiction in other states.