Conflict of Laws Commons^™

Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.

Michigan Law Review

Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …

Conflict Of Laws--1959 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There have been several developments during the year regarding jurisdiction over nonresidents.

In 1947 the legislature passed a statute requiring "any unincorporated association or organization, whether resident or nonresident," which was doing or desiring to do business in the state to appoint an agent for the service of process and providing that in case of failure to appoint the agent, service might be had on the Secretary of State.' The constitutionality of this act, as applied to foreign associations has since been upheld. A current amendment to the section has added the words "including non-resident partnerships" at the end of …

Utility Of The Jurisdictional Principle In A Policy Centered Conflict Of Laws, Edwin W. Briggs

Vanderbilt Law Review

Various recent studies' have confirmed the suspicion that courts continue to find it necessary to approve and rely heavily on the principle of "legislative jurisdiction" residing in some one state, even though they do not often admit it in so many words. Since the discussion of the problem by courts generally assumes that the single question in conflicts is choice of law, and since one of the most influential writers on the subject in recent times has denied the validity of the jurisdictional principle at the common law as a means of solving a conflicts problem, a study giving further …

Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review

Michigan Law Review

The fifth series of Thomas M. Cooley Lectures will be given on April 15, 16, and 17 at 4:15 p.m. in Room 120, Hutchins Hall, University of Michigan Law School. The lecturer will be Professor Hessel E. Yntema of the University of Michigan Law School faculty. He will speak on the general subject, "Perspectives in Conflicts Law."

An Interim Account On Comparative Conflicts Law, Ernst Rabel

Michigan Law Review

Under the sponsorship of the American "Law Institute and subsequently of the University of Michigan, with the efficient assistance of the Faculty, notably of Hessel E. Yntema as editor, I published the first volume of a work on conflicts law in 1945. A second volume has just followed, after a long delay caused by the vicissitudes of postwar printing. The greater part of a third volume has been readied in the meantime, but its date of publication is not yet fixed.

The task consists in surveying the existing and proposed conflicts rules of the world and in ascertaining their background, …

Torts In The Conflict Of Laws, Moffatt Hancock

Michigan Legal Studies Series

There has been in recent years a marked development of interest in the diversities of laws and their attendant conflicts. While modern facilities of communication accelerate the spread of culture and thus augment the need of uniformity in the laws affecting commerce, they also reveal the significance of local needs, customs, and legal institutions. Indeed, it would seem that multiplication of jurisdictions and progressive diversification of laws in both space and subject matter is an unavoidable concomitant of increasing specialization in the international, interstate, or local economy. If these circumstances serve to justify the perennial effort to simplify the law, …