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Full-Text Articles in Conflict of Laws

Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig Dec 1941

Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig

Michigan Law Review

The National Conference of Commissioners on Uniform Laws approved in 1936 the Uniform Judicial Notice of Foreign Law Act, which has since been adopted by fourteen states. This act was drafted to make uniform a legislative movement of the past twelve years proposing to change two rules of the common law. One is the rule that a state court will not notice the law of sister states in the United States; and the other is the rule that the determination of such law shall be made by the jury and not by the judge. Accordingly, the Uniform Act provides (1) …


Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons Nov 1941

Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons

Michigan Law Review

In a suit on a contract brought in the United States District Court in Delaware, based on diversity of citizenship, the court allowed interest costs on the basis of the Civil Practice Act of New York where the contract was made. The Circuit Court of Appeals for the Third Circuit affirmed the ruling upon the ground that it was the best rule, without regard to the Delaware conflicts law. On certiorari, held reversed, on the ground that the doctrine of Erie Railroad v. Tompkins prohibits such an independent determination by the federal court of conflict of laws rules. Klaxon Co. …


Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston Nov 1941

Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston

Michigan Law Review

Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against …


Conflict Of Laws-Statute Of Frauds As Defense To Enforcement Of Contract Executed In One State And Sued On In Another State. [Illinois] Sep 1941

Conflict Of Laws-Statute Of Frauds As Defense To Enforcement Of Contract Executed In One State And Sued On In Another State. [Illinois]

Washington and Lee Law Review

No abstract provided.


Statutory Liability Of Insurance Agents Aug 1941

Statutory Liability Of Insurance Agents

Indiana Law Journal

Notes and Comments: Statutory Law


The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel Feb 1941

The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel

Michigan Law Review

In its issue of July 1940, the Revista Juridica Argentina of Buenos Aires has published the new "Tratados de Derecho Internacional Privado" of Montevideo concluded in 1939 and 1940. We are grateful to this review for apprising us of a significant event in the field of international codification.


Conflict Of Laws: The Development Of The Doing Of An Act Theory Of Jurisdiction, Howard E. Trent Jr. Jan 1941

Conflict Of Laws: The Development Of The Doing Of An Act Theory Of Jurisdiction, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.


Amendment By Decision--More On The Erie Case, Lawrence Earl Broh-Kahn Jan 1941

Amendment By Decision--More On The Erie Case, Lawrence Earl Broh-Kahn

Kentucky Law Journal

No abstract provided.


Delimitations Of Erie Railroad Co. Vs. Tompkins, Samuel H. Sibley Jan 1941

Delimitations Of Erie Railroad Co. Vs. Tompkins, Samuel H. Sibley

Kentucky Law Journal

No abstract provided.


Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes Jan 1941

Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.