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State Law Versus A Federal Common Law Of Torts, Irvin M. Gottlieb
State Law Versus A Federal Common Law Of Torts, Irvin M. Gottlieb
Vanderbilt Law Review
The Statute, Its Scope and Basic Standard Section 421(k) of the Federal Tort Claims Act excludes from its coverage "any claim arising in a foreign country."' The Foreign Claims Act which was passed by the 77th Congress and amended by the 78th Congress has specific application to foreign countries, including places located therein which are under the temporary or permanent jurisdiction of the United States.
Court test of the territorial scope of the Federal Tort Claims Act arose in a series of cases decided in 1948, culminating in United States v. Spelar, where the issue of possible foreign coverage was …
Federal Control Of Conflict Of Laws, Elliott E. Cheatham
Federal Control Of Conflict Of Laws, Elliott E. Cheatham
Vanderbilt Law Review
Under our federal system of government two sets of laws operate within the country, the laws of the constituent states and the laws of the central government. For lawyers there is the ever present question, which of them applies to a case: the law of a state, to be interpreted finally by the courts of the state; or national law--federal law, as it is usually called--of which the Supreme Court of the United States is the final arbiter?
Interstate and international matters, with which conflict of laws deals, involve national as well as state interests. In the United States it …