Conflict of Laws Commons^™

Conflict Of Laws—Colorado Guest Statute Precluded Recovery By Guest-Passenger From Her Host, Where Both Were New York Residents Temporarily Residing In Colorado, Robert A. Sandler

Buffalo Law Review

Dym v. Gordon, 16 N.Y.2d 120, 209 N.E.2d 792, 262 N.Y.S.2d 463 (1965).

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Mexican Bilateral Divorce Decree Recognized Even Though Neither Party was a Mexican Domiciliary At Time of Divorce

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Constitutional Law--Section 504 of LMRDA a Bill of Attainder

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Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes

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Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession

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Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor

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Federal Employers' Liability Act--Applicability of "In Whole or in Part" Rule of Proximate Cause to Employer's Efforts To Prove Contributory Negligence Plaintiff brought suit under the Federal Employers' Liability Act'

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Abstracts Of Recent Cases, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

The Interstate Child And Uniform Legislation: A Plea For Extra-Litigious Proceedings, Albert A. Ehrenzweig

Michigan Law Review

When I originally offered my re-interpretation of prevailing practice, I did not feel that it would be expedient to make suggestions for alternative solutions because I was then convinced that the courts were doing the very best they could with the procedural tools at their disposal and that there was little hope for an improvement of those tools. However, there is such hope now, and the time has come to help in the search for new answers. In the following discussion, I shall comment on two current proposals for uniform and federal legislation and shall attempt to formulate a tentative …

Conflict Of Laws--Place Of Wrong Rule In Wrongful Death Actions, Charles Edward Barnett

West Virginia Law Review

No abstract provided.

Conflict Of Laws--1964 Tennessee Survey, Elliott E. Cheatham

Vanderbilt Law Review

The language of the typical state statute is general and unlimited in terms, as, "a contract," "any tort, "every will , as if the statute should be applied to all cases involving such a matter in the courts of the state. Ordinarily, statutes originate and are drafted with thought only to matters within the state. When the matter in issue occurs wholly or partly in another state, it would be an error to determine the reach and application of the statute merely from the generality of its language. In the absence of specific direction this should be determined in the …

Federal Law Held To Govern Effect Of The Release Of A Joint Tortfeasor In Private Antitrust Suit-Winchester Drive-In Theatre, Inc. V. Twentieth Century Fox Film Co., Michigan Law Review

Michigan Law Review

Private antitrust litigation occasionally raises the question of whether state or federal law should be applied to determine the effect of the release of a joint tortfeasor. When federal law is applied, as it was in Winchester Drive-In Theatre, Inc. v. Twentieth Century-Fox Film Co., there remains the necessity of formulating a rule of federal law, since there appears to be no established federal rule governing releases in antitrust suits.

An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub

Michigan Law Review

No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …

The Qualitative Governmental Interest Analysis: New York's Conflict Of Laws Rules In Transition-George V. Douglas Aircraft , Co., Michigan Law Review

Michigan Law Review

The traditional choice of law rule for torts is that the law of the place of wrong is determinative of all substantive issues. This rule has been frequently criticized and has been rejected by the Restatement (Second), Conflict of Laws, and by a few courts, particularly those of New York. The successor to the traditional approach, however, has not been determined. Under the view of the Restatement (Second), the applicable substantive law is that law of the state which has the most significant relationship with the occurrence and with the parties. Although a qualitative approach would seem possible under …

In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins

Michigan Law Review

A wide divergence of opinion exists regarding the wisdom as well as the constitutionality of extensive jurisdiction through the use of liberally drafted and construed "long-arm" statutes. Hesitance may result from a fear of burdening a defendant with the inconvenience and expense of a foreign suit brought against him solely for the purpose of harassment. While this comment does not advocate the extent to which a court should assert the jurisdictional powers conferred on it by a given "long-arm" provision, it examines the scope of jurisdiction constitutionally permissible over nonresident manufacturers in product liability cases with a view toward formulating …

The Neo-Positivist Concept Of International Law, Anthony D'Amato

Faculty Working Papers

The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.

Lex Loci Delicti Rejected In Torts Conflicts Of Law - Griffith V. United Airlines, Inc.

Maryland Law Review

No abstract provided.

Depositions, Commissions, And Letters Rogatory In A Conflict Of Laws Case, Walter A. Rafalko

Duquesne Law Review

Since a majority of the states and foreign countries follow the territorial concept of sovereignty as the principal basis for furnishing jurisdiction over a person, problems frequently arise involving the testimony of absent or non-resident witnesses. Often, the forum does not require the witness' physical presence, but only his testimony. This power to procure testimony from an absent or non-resident witness is fundamentally a judicial power of any sovereign and is restricted by a sovereign's territorial boundaries. In the absence of a treaty, convention, statute, or judicial authorization, a state may not send a representative outside of the state and …

Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz

Villanova Law Review

No abstract provided.

Congress Answers The Supreme Court: Is Sabbitino Still Law, Dolores B. Sesso

Villanova Law Review

No abstract provided.

Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.

Villanova Law Review

No abstract provided.

Conflict Of Laws, John W. Mcgonigle

Duquesne Law Review

Torts should be governed by the local law of the state which has the most significant relationship with the occurrence and the parties.

Griffith v. United Airlines, 416 Pa. 1, 203 A.2d 796 (1964).

Conflict Of Laws, James Kirk

Duquesne Law Review

Transfer under section 1404 (a) of Judicial Code,a 1404 (a) transfer from one federal court in one jurisdiction to federal court in another jurisdiction is a mere change of courtrooms,with law to be applied by what the first federal court would apply.

Van Dusen v. Barrach, 376 U.S. 612 (1964).

"Conflict" Between Federal And State Law--Arkansas Full Crew Statute Preempted, J. Kendrick Wells

Kentucky Law Journal

No abstract provided.

Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Conflict Of Laws--A Rationale Of Jurisdiction, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein

Michigan Law Review

Increased interdependence of states in modem times has shaken the nineteenth century doctrines of extreme dualism and positivism. These doctrines would build an impenetrable wall between the international and national legal orders; they would elevate the state to the position of exclusive actor and deny the individual any standing in the international legal order; and, in the interpretation of a rule of law, they would exclude any regard for the political, economic, and social context in which the rule is applied.