Civil Procedure Commons^™

The Application And Avoidance Of Foreign Law In The Law Of Conflicts: Variations On A Theme Of Alexander Nekam, Gregory S. Alexander

Cornell Law Faculty Publications

Lying at the heart of all conflicts theories is a recognition that the function of the law of conflicts is to ensure rational and just solutions to controversies involving foreign elements. A just and rational solution is one that somehow accommodates those elements. This does not mean that the foreign law must be applied but simply suggests that at least some attention should be paid to that law in the process of resolving disputes. From these relatively uncontroversial postulates, one moves to the more difficult problem of defining the role of foreign law in the conflicts setting.

Attention in this …

A Further Liberalization Of The Minimum Contracts Requirement., James P. Brennan

St. Mary's Law Journal

Abstract Forthcoming.

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).

The Assimilative Crimes Act

University of Richmond Law Review

An understanding of the Assimilative Crimes Act is necessary for any attorney who may one day find himself defending a client who has allegedly committed a criminal offense in an area under federal jurisdiction. At first blush, the lawyer may think that his client is clearly guilty and plan his defense around the creation of a reasonable doubt in the court's or jury's mind. However, in some instances, steps may be taken prior to a defense on the merits which would raise serious doubts as to the legality of the prosecution, and even if a conviction is forthcoming, objections might …

Erie In Balance-Will Equity Tip The Scale?

University of Richmond Law Review

A significant consequence of a federal system of government is that its court system derives its law from both state and national sources. The effective resolution of the inevitable conflicts within that system is made increasingly important by the dramatic increase in interstate travel and commercial activity with the logical effect of increasing federal jurisdiction based upon diversity of citizenship. It is essential that litigants take note of a significant change in the federal court's approach to the rules applicable in diversity actions and modify their own judicial strategy accordingly.

Continuing Problems Of Travel And Transportation., Leslie H. Williams Jr.

St. Mary's Law Journal

The Texas Workmen’s Compensation Act works to protect employees against the risk or hazard of performing their job and compensates that employee for injuries sustained in the course of employment. In 1957, after an increasing number of travel-oriented injuries involving scope of employment, the legislature amended the Act to limit judicial interpretation. This amendment added subsection b to section 1 of article 8309 to clarify the rules created from recent caselaw. Section 1b reconciled and enumerated four exceptions to the common law rule that an injury which occurs during the use of public streets or highways while traveling to and …

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.

Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller

Michigan Law Review

The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …

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).

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

Buffalo Law Review

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Conflict Of Laws--Appointment Of A Valid Agent For Service Of Process, William Walter Smith

West Virginia Law Review

No abstract provided.

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.

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).

Federal Venue—Waiver By State Non-Resident Motor Statutes, Morton Mendelsohn

Buffalo Law Review

McCoy v. Siler, 205 F. 2d 498 (3d Cir. 1953).

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.

Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.

Michigan Law Review

Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after …

The New Federal Rules And State Procedure, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema

Michigan Law Review

Conflicts of laws are the necessary result of the division of judicial business. There are too many legal actions arising in localities too diffused to be tried in a single court or system of courts; consequently, litigation has to be distributed, and a highly complex body of jurisdictional regulations has been evolved to control the distribution. Once admit the multiplicity of courts, and diversities of law appear. Not only does the procedure in particular courts respond in some degree to the local traditions of the bar and to the specialized needs of the communities served, but indigenous precedents and practices …

Note And Comment, Charles A. Kent, Horace Lafayette Wilgus, Willard J. Banyon, John T. Creighton

Michigan Law Review

A Criticism of President Hadley's Views on "The constitutional Position of Property in America"; Inconsistent Defenses; Vacation of Corporation Directors; Right of the United States to Recover Money Paid on Pension Checks Bearing Forged Indorsements; Damages Recoverable on Stock Broker's Failure to Purchase as Directed;