Conflict of Laws Commons^™

Conflict Of Laws—Garnishment, Jerome D. Adner

Buffalo Law Review

Erdheim v. Mabee, 305 N. Y. 307, 113 N. E. 2d 433 (1953).

Conflict Of Laws—Marriage, Jerome D. Adner

Buffalo Law Review

In Re May's Estate, 305 N. Y. 486, 114 N. E. 2d 4 (1953).

Conflict Of Laws—Contracts, Jerome D. Adner

Buffalo Law Review

Perutz v. Bohemian Discount Bank in Liq., 304 N. Y. 533, 110 N. E. 2d 6 (1953).

Conflict Of Laws—Statute Of Frauds, Jerome D. Adner

Buffalo Law Review

Rubin v. Irving Trust Co., 305 N. Y. 288, 113 N. E. 2d 424 (1953).

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

Buffalo Law Review

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

Worker's Compensation, Conflict Of Laws And The Constitution, Clyde W. Wellen

West Virginia Law Review

No abstract provided.

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.

Marital Property In Conflict Of Laws, By Max Rheinstein, Max Rheinstein

Indiana Law Journal

No abstract provided.

Conflict Of Laws—Foreign Marriage Incestuous By Lex Domicilii Held Valid, Marion James Tizzano

Buffalo Law Review

In Re May's Estate, __ App. Div. __, 117 N. Y. S. 2d 345 (3d Dep't 1952).

Renvoi In New York And Elsewhere, John D. Falconbridge

Vanderbilt Law Review

In re "Tallmadge" related to the mode of distribution of the residuary estate of one Chadwick. The report of Winthrop, referee, which was confirmed by the Surrogate's Court of New York County, found that "the "renvoi" is no part of New York law," whereas thirty-one years later in "In re Schneider's Estate" it was held by Frankenthaler, Surrogate, also in the Surrogate's Court of New York County, that the "broad assertion in Matter of Tallmadge, supra, that the "renvoi" principle is not applicable in New York is not in accord with the earlier or later cases. The precise limits of …

That Elusive Word, "Residence", Willis L.M. Reese, Robert S. Green

Vanderbilt Law Review

If wishes were horses, all men could ride. And if judges were legislators, the laws would probably read differently than they do. At least, this might well be the case in the field under discussion. With few exceptions, the courts speak of "domicil" while statutes refer to "residence" instead.' Domicil has a reasonably constant meaning. Residence, on the other hand, is one of the most variable words in the legal dictionary. It can be synonymous with domicil; it can also mean something else or something more. As such, it must be further defined, something which rarely is satisfactorily done in …

Forward | Directive Or Dialectic?, Stanley Reed, Herbert F. Goodrich

Vanderbilt Law Review

The use of the symposium for enlightenment on current problems in the Law is most effective. However thorough the work of a single author may be, the result is the conclusion of one mind. Recognizing that the treatises of the great writers on Conflict of Laws show the main structure for that field, there is still need for the special articles of a symposium. In the great domains of the profession, one man's research and understanding cannot give to his reader the breadth of view attainable from the combined work of a group of scholars. This comment is applicable to …

The Eclipse Of The Lex Loci Solutionis -- A Fallacy Exploded, J. H.C. Morris

Vanderbilt Law Review

Traditionally, the question what law governs the validity of a contract is the most confused subject in the conflict of laws.' At least four theories have been advocated by writers or adopted by courts, namely that the law of the place of contracting, or the law of the place of performance, or the law intended by the parties, or the law of the country with which the contract has the closest and most real connection, determines the validity of the contract. In England the validity of a contract is governed by the "proper law," which Dicey defines as "the law, …

The Form Of Wills, Ernst Rabel

Vanderbilt Law Review

"Yielding Place to New: Rest Versus Motion in the Conflict of Laws"' Under this headline Herbert F. Goodrich, the eminent leader, recently reviewed improvements of judicial attitudes. Concluding his stimulating essay, he states that "motion and rest" must stay balanced; no total codification of uniform conflicts rules will be feasible until our experience is much enhanced. I fully agree. It is also my own impression that conflicts law needs infinitely more study and effort, not only by the courts, but also, and in the first place, by the scholars. But could not the approach toward reasonable and uniform judicial rules …

Joint Tortfeasors And The Conflict Of Laws, John W. Wade

Vanderbilt Law Review

Much has been written regarding tort liability and the conflict of laws and there are numerous cases in the field.' But little attention has been paid to the conflicts aspects of the many legal problems which surround the concept of joint tortfeasors. This paper attempts to collect the relatively few decisions on the subject and to analyze the problems involved.

In the beginning it should be made clear that the term "joint tortfeasors" is used, unless otherwise indicated, in the broad, somewhat colloquial sense which most American courts use today. Thus used, it includes both joint tortfeasors in the narrow …

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 …

What Is Happening In The Conflict Of Laws: Three Supreme Court Cases, Wendell Carnahan

Vanderbilt Law Review

An answer to the topical inquiry is "A great deal" but full explanation of the general answer to a very big question cannot be attempted in a single article. Instead, attention will be directed primarily to the opinions in three cases decided on the same day by the Supreme Court of the United States. These cases present problems in the segments of conflict of laws dealing with principles of forum non conveniens and full faith to a statute,' jurisdiction over a foreign corporation and a combination of choice of laws rules and judicial recognition of an alimony award. These cases …

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 …

The Conflict Of Laws: The Experience Of The Australian Federation, Zelman Cowen

Vanderbilt Law Review

For American lawyers conflict of laws problems arise at two levels. One group of problems appears within the area governed by the Federal Constitution, while others arise within a wider international area. The decision of a New York forum in a case involving Michigan elements may very well differ from that reached by the same forum where the foreign elements involve England or France. The Constitution itself is often responsible for this difference. For example, questions of full faith and credit or of due process may be involved. It is not surprising, therefore, that the question has been posed whether …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--ANNULMENT FOR MENTAL INCAPACITY--APPLICABILITY OF LAW OF DOMICIL

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CONFLICT OF LAWS -DAMAGES -EFFECT OF OUT-OF-STATE EMPLOYMENT CONTRACT

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CONFLICT OF LAWS --DIRECT ACTION AGAINST INSURER--CONSTITUTIONALITY OF STATUTE REQUIRING APPLICATION TO OUT-OF-STATE INSURANCE POLICIES

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CONFLICT OF LAWS --JURISDICTION -FOREIGN ACTS AFFECTING COMMERCE

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CONFLICT OF LAWS --JURISDICTION --SERVICE ON UNINCORPORATED NONRESIDENT

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CONFLICT OF LAWS --JURISDICTION --TRESPASS TO LAND AS TRANSITORY ACTION

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CRIMINAL PROCEDURE --SUSPENDED SENTENCE --FACTORS CONSIDERED IN REVOCATION

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FEDERAL PROCEDURE --RULE 50(b) --TRIAL COURT'S DISCRETION TO GRANT NEW TRIAL OR JUDGMENT

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LIMITATION OF ACTIONS --STATUTORY CONSTRUCTION--"ACT OR OMISSION COMPLAINED OF"

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PROCEDURE-- …

Commercial Paper And The Conflict Of Laws, George W. Stumberg

Vanderbilt Law Review

Certificates of stock, bonds and other negotiable paper are apt to be regarded by business men as the equivalents of tangibles and, so, are normally dealt with by them as such. Nevertheless, stock certificates and negotiable paper represent intangibles. A stock certificate, for example, represents a share in the corporation. The owner of the share has a number of inchoate claims which are not always susceptible of exact delineation. Theoretically the owner is entitled to his proper share of the balance remaining on hand after discharge of obligations upon the dissolution of the corporation. He is also entitled to dividends; …

Conflict Of Laws And The Administration Of Decedents' Real Estate, Edward S. Stimson

Vanderbilt Law Review

The subject matter of this article will be treated under three heads dealing with, (A), the power of executors and administrators to sell real estate; (B), inheritance taxes; and (C), the law and the courts which determine, one, the validity of wills and two, who succeeds by operation of law. The core of the problem lies in the validity of wills and intestate succession to real estate. ... Two questions involving the power of executors or administrators have been considered by the courts. First, which executor, administrator or court has power to sell the real estate in order to pay …

International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel

Michigan Law Review

The effect of war upon existing bilateral treaties of belligerents is one of the unsettled problems of international law. The problem is to determine whether a bilateral treaty (between nations at peace) which does not provide for the eventuality of war, will be suspended or annulled by a subsequent war between them. The idea that war is a complete destruction of the international intercourse which was represented by the treaty logically would lead to the conclusion that the treaty ends ipso facto when war comes. But this is too hasty a conclusion; international practice proves that some treaties are only …

Criminal Procedure-Extradition For Non-Support Under Section 6 Of The Uniform Criminal Extradition Act, David D. Dowd, Jr.

Michigan Law Review

Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section …

Conflict Of Laws-Torts-Choice Of Law In Multiple State Defamation, Peter Van Domelen S.Ed.

Michigan Law Review

Plaintiff, a Connecticut corporation engaged in business throughout several Eastern states, brought an action for an injunction and damages arising from alleged defamatory statements broadcast over defendant's radio network. Defendant's broadcast originated in New York and was heard by listeners from Maine to North Carolina and as far west as Pennsylvania including the area in which plaintiff was carrying on its business. Defendant moved to dismiss the complaint for failure to state a claim on which relief could be granted. To rule on this motion, it was necessary to choose the appropriate governing law. Held, the law of New …

Interstate Recognition Of Custody Decrees: Law And Reason V. The Restatement, Albert A. Ehrenzweig

Michigan Law Review

After days of bitter contest, a weary judge dissolves the marriage bond and, lacking Solomon's sword, allots the child to his mother. Thus the stage is set for the second act of the tragedy. Craving a new life for herself and her child, the mother moves to another state, and the father, seeing his right of visitation thus put in jeopardy, pleads the mother's removal in the original court which, loyal to the more faithful citizen, now awards custody to him. Should a judge of the mother's new home state heed this change? And again, what should be done if …