Conflict of Laws Commons^™

Capacity To Marry In The Conflict Of Laws: Some Variations On A Theme, H. Patrick Glenn

Dalhousie Law Journal

Problems of matrimonial capacity in the conflict of laws have traditionally been said to be resolved through a distributive application of the two personal laws in presence - to each his or her own law.' Yet the proponents of this "dual domicile doctrine" have met strong opposition from those who would recognize a paramount interest on the part of the State wherein the marriage is to be fixed, rather than that from which the parties may have come, in determining its validity. Savigny in Germany, 2 Bartin in France, 3 Cook in the U.S.A., 4 and Cheshire5 in England have …

Review: Cramton, Currie And Kay, Cases On Conflict Of Laws, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Recent Decisions, Susan A. Shands

Vanderbilt Journal of Transnational Law

This case presented the district and circuit courts with the problem of how to maneuver the forum's conflict of laws rules in order to apply Texas law to an injury caused by a defective product manufactured in Texas when the injury occurred on foreign soil. On a policy basis, the lower courts did make the more equitable decision in applying Texas law. Viewed under one commentator's test, both lower courts were applying the law that would give the most predictable and uniform results, maintain international and interstate order, simplify the judicial task, advance the forum's interest, and apply the better …

Obscenity And The Conflict Of Laws, Frederick F. Schauer

West Virginia Law Review

No abstract provided.

Anti-Guest Statutes And Marital Immunity For Torts In Conflict Of Laws: Techniques For Resolving Ostensible True Conflict Cases And Constitutional Limitations, Moffatt Hancock

Dalhousie Law Journal

In the now historic case of Babcock v. Jackson, decided in 1963, the New York Court of Appeals introduced an apparently novel mode of analyzing tort choice-of-law issues that has achieved remarkable popularity with the judges of other states. It has been adopted in tort cases where the facts and issues were quite different from those of Babcock v. Jackson and in contract cases as well. Why does the Babcock v. Jackson methodology appeal so strongly to the judges of the highest state tribunals? The short answer is that this methodology is extremely realistic; it brings the judges directly to …

Coordination Of Laws In A National Federal State: An Analysis Of The Writings Of Elliott Evans Cheatham, Harold G. Maier

Vanderbilt Law Review

This Article is prepared at the request of the Editorial Board of the Vanderbilt Law Review in commemoration. It, however, is not designed as a tribute to Cheatham--the man and the teacher. Tributes of that kind were collected and published four years before his death in the December 1968 issue of the Review. In this essay, I have attempted to analyze Elliott Cheatham's scholarly contributions in the field of conflict of laws, one of his two major areas of legal research. When I began its preparation, it was with a deep feeling of personal involvement since Elliott was responsible for …

Choice Of Law Rules And Validation Of Powers Of Appointment

Washington and Lee Law Review

No abstract provided.

Federal Courts--State Laws In Conflict With Federal Procedural Rules

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--False Conflicts--Federal Court Sitting in Diversity Action May Find "False Conflict" and Ignore Forum State's Choice of Law Rule When One State Has Clearly Predominant Interest

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Constitutional Law--Creditors' Rights--Civil Arrest Statutes that Promote Valid State Objectives and Provide Procedural Fairness Do Not Violate the Due Process Requirements of the Fourteenth Amendment

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Constitutional Law--Supremacy Clause--State Supreme Court Not Bound To Follow Federal District Court Decision on Constitutionality of Municipal Ordinance

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Securities Regulation--Franchises--Franchise Agreement that Permits Active Participation by the Franchisee in the Operation of the Business and Does Not Provide the Franchisor with Risk …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

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Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

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Antitrust Remedies--State Given Standing to Sue as Parens Patriae

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Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

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Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

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Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

The Uniform Child Custody Jurisdiction Act: A Legislative Remedy For Children Caught In The Conflict Of Laws, Brigitte M. Bodenheimer

Vanderbilt Law Review

The National Conference of Commissioners on Uniform State Laws has approved and recommended for enactment in all the states a Uniform Child Custody Jurisdiction Act. This Act is designed to alleviate the plight of "interstate children" an apt phrase coined by Professor Ehrenzweig and descriptive of the rootlessness of children shifted from state to state--who are the victims of custody battles often fought in the courts of more than one state or a state and a foreign country. In this article, Mrs. Bodenheimer, Reporter for the Special Committee which drafted the Act, describes the social and legal causes of the …

Book Reviews, John A. Gorfinkel, Arthur S. Miller, Bruce L. Mcdonald

Vanderbilt Law Review

American Conflicts Law By Robert A. Leflar Indianapolis: Bobbs-Merrill Co., Inc., 1968. Pp. lxxvi, 677. $19.50

reviewer: John A. Gorfinkel

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The Policy-Making Process By Charles E. Lindblom EnglewoodCliffs: Prentice-Hall, Inc. 1968. Pp. 122. $4.95 (Cloth), $1.95 (Paper).

reviewers: Arthur S.Miller, Bruce L. McDonald

State Or Federal Standard Of Sufficiency Of The Evidence To Go To The Jury - Wratchford V. S.J. Groves & Sons Co. Boeing Co. V. Shipman

Maryland Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Divorce-- Minimum Contacts Doctrine Extended to Non-Resident in Alimony Award

Conflict of Laws--Torts--Law of Forum Applies to Accident Involving Only Out-of-State Motorists

Constitutional Law--Desegregation--States Are Required To Take Affirmative Action To Desegregate Higher Education Facilities

Constitutional Law--Selective Service Act--Fifth Amendment Requires Civil Judicial Review of Draft Board Classification and Induction Orders

Public Welfare--Substitute Father Regulation Inconsistent with Social Security Act and Invalid Criterion for Denying AFDC Payments to Needy Children

Taxation--Corporate Income Tax--Pre-Sale Declaration of Dividend by Subsidiary in Amount Equal to Retained Earnings Held Tax-Exempt Inter-Corporate Dividend on Receipt by Parent

Elliott Evans Cheatham, Willis L.M. Reese

Vanderbilt Law Review

Cheatham has made a marked imprint through his teaching and his writing on five areas of the law: international law, property, legal education, the legal profession, and conflict of laws. Of these, the legal profession is probably the field where his influence has been most deeply felt. Indeed, it is largely because of his ground-breaking casebook that the subject figures so prominently today in law school curriculums. Likewise, his Carpentier Lectures of a few years ago on "A Lawyer When Needed" provided the entering wedge into a subject that is of great contemporary significance. What Cheatham has done in the …

Elliott E. Cheatham, Erwin N. Griswold

Vanderbilt Law Review

After a full career on the faculty of the Columbia Law School,Professor Cheatham has had a new career as a member of the faculty of the Vanderbilt University Law School. During this period, his writing has never ceased, and it is always lively and original.Elliott Cheatham has been one of the great legal scholars of our time. He has also been one of the great persons in law teaching. He has been a great inspiration not only to his students, but also to the law teachers who have tried to follow in his footsteps.

Conflict Of Laws -- Constitutionality Of State Statutes Governing Ability Of Nonresident Aliens To Receive Property Under American Wills: Zschernig V. Miller, Richard N. Hale

Vanderbilt Law Review

An excellent illustration of the vertical conflict of laws problem involves the ability of nonresident aliens to receive property under American wills. Traditionally, under the American federal system,the acquisition and transmission of property located within a state has been controlled by state law. Yet article I, section 10 of the United States Constitution imposes strict limitations on a state's power to deal with matters having a bearing on international relations, such matters being within the ambit of the national government. The supremacy of the national government in the general field of foreign affairs has been given continuous recognition by the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation

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Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded

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Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association

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Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation

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Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment

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Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible

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Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Law of Jurisdiction with Predominant Interest in Resolution of Issue Applied

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Constitutional Law--Owner of Private Subdivision May Refuse To Sell to Negroes

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Eminent Domain--Compensation for Substantial Impairment of Riparian Owners' Right of Access Denied

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Taxation--Professional Service Corporations--Kintner Regulations Held Invalid

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Taxation--Recovered Charitable Contributions, Previously Claimed as Deductions, Are Gross Income In Year of Receipt

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

Kentucky Law Journal

No abstract provided.

Conflict Of Laws--Torts--Lex Loci Delicti Yielding To Significant Contracts, K. Paul Davis

West Virginia Law Review

No abstract provided.

Babcock V. Jackson In Kentucky: Judicial Method And The Policy-Centered Conflict Of Laws, Robert Allen Sedler

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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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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 …

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.

Legislation, Law Review Staff

Vanderbilt Law Review

LEGISLATION

Disposition of Unclaimed Dividends and Shares--Distributions from Interstate Business Associations

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Conflict of Laws Problem and Judicial Response

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Water Pollution--State Control Committee

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Comparison of Several Existing Pollution Control Acts

Conflict Of Laws--1963 Tennessee Survey, Elliott E. Cheatham

Vanderbilt Law Review

The most important development in conflict of laws for many years is the enactment of the conflict of laws provisions of the Uniform Commercial Code.' In adopting these provisions the General Assembly did much more than to fix the law for the specific matters covered, important though these are. The General Assembly rejected one widely urged method of choice of law, and it prescribed a wholly different one. It rejected the old vested rights theory which calls for the use of the law of the place of the last element of a transaction to govern the case, as, the place …

Currie: Selected Essays On The Conflict Of Laws, Elliott E. Cheatham

Michigan Law Review

A Review of Selected Essays on the Conflict of Laws. By Brainerd Currie.