Conflict of Laws Commons^™

The 1994 Inter-American Convention On The Law Applicable To International Contracts, And Trends For The 1990s, Harold S. Burman

Vanderbilt Journal of Transnational Law

This Article emphasizes the importance of teaching transnational materials in the conflict of laws class. The rapid development of the "global village" has increased the importance and need for law students to understand how conflicts issues are resolved throughout the world. A failure to address transnational issues will leave students unprepared for the world, especially the legal marketplace, that they will enter after law school.

The author suggests that the traditional study of public international law, regarding the law governing relations between states, as well as the law between states and intergovernmental and nongovernmental organizations, is insufficient for contemporary law …

Professor Lowenfeld Responds, Andreas F. Lowenfeld

Vanderbilt Journal of Transnational Law

Professor Silberman is as usual gracious in acknowledging my writings in various formats, and my efforts to restore conflict of laws to its place as a branch of international law, a place it has occupied in most of the world outside the United States, and occupied here as well in the view of Story and others who wrote before the balkanization of American law in the latter part of the nineteenth century. We have no disagreements on the value of the comparative method in teaching conflict of laws, civil procedure, or international litigation.

This brief response is addressed only to …

Judicial Jurisdiction In The Conflict Of Laws Course: Adding A Comparative Dimension, Linda J. Silberman

Vanderbilt Journal of Transnational Law

In this Article, Professor Silberman suggests that comparative law materials can usefully be introduced in the conflict of laws course. She proposes the subject of adjudicatory jurisdiction as a good place to start. She argues that a comparison of the U.S. approach with the English and European approaches (particularly under the Brussels Convention) is evidence of the desirability of a jurisdictional system grounded more on rules and/or discretion rather than on a constitutional standard of reasonableness. She takes issue with the contention of her colleague Professor Andreas Lowenfeld that "reasonableness" has been accepted as an international standard for the assertion …

Why Teach International Family Law In Conflicts?, William L. Reynolds

Vanderbilt Journal of Transnational Law

Professor Reynolds sets forth a challenge to conflicts professors: to teach international family law in their conflict of laws classes. At present, many conflicts professors avoid teaching international family law, in part because the study of this subject is complicated by several statutes addressing particularly difficult issues. Ignoring international family law is unwise, because many United States citizens and lawyers are likely to confront such problems.

Moreover, this Article suggests several additional reasons for including international family law in the general conflicts course. First, litigants entangled in divorce and custody proceedings with international complications face high financial and emotional costs; …

Conflict Of Laws And Accuracy In The Allocation Of Government Responsibility, Joel P. Trachtman

Vanderbilt Journal of Transnational Law

The field of conflict of laws suffers from a lack of theoretical coherence, and therefore fails to provide a satisfactory basis for discourse, adjudication, legislation, and inter-governmental negotiation regarding issues of prescriptive scope. This Article advances a law and economics-based approach to conflict of laws for use in both the domestic and international context. The Article first assesses the theoretical coherence of some principal conflict of laws approaches, analyzing their resolution of four tensions: predictability and adminstrability versus accuracy, unilateralism versus multilateralism, private interest versus public interests, and courts versus legislatures. It refers to Professor Baxter's "comparative impairment" methodology as …

Conflicts Law: State Or Federal, Gene R. Shreve

Indiana Law Journal

No abstract provided.

The Choice-Of-Law Revolution: An Empirical Study, Patrick J. Borchers

Washington and Lee Law Review

No abstract provided.

Book Review. Teaching Conflicts, Improving The Odds, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Conflict Of Laws: The New Approach To Choice Of Law: Justice In Search Of Certainty, Part Two, James Audley Mclaughlin

West Virginia Law Review

No abstract provided.

Conflict Of Laws: The Choice Of Law Lex Loci Doctrine, The Beguiling Appeal Of A Dead Tradition, Part One, James Audley Mclaughlin

West Virginia Law Review

No abstract provided.

Baseball And Chicken Salad: A Realistic Look At Choice Of Law, Harold G. Maier

Vanderbilt Law Review

Most conflict of laws teachers come to their calling because they are fascinated with the intellectual variety of the subject matter and the sense of systemic universality that pervades the legal decisions with which they work. We deal, after all, with some very fundamental aspects of law and the legal system in a world of fascinating abstractions mixed with concrete decisions. Although I have taken no survey, conversations with many of my colleagues suggest that they, as did I, found the course Conflict of Laws in the second or third year of law school to be one that reawakened the …

The Modern Challenge Of Medieval Conflict Of Laws, Thomas Lund

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell

West Virginia Law Review

No abstract provided.

Risks Of Violation Of Rules Of Professional Responsibility By Reason Of The Increased Disparity Among The States, Ted J. Fiflis

Publications

No abstract provided.

No Place Like Home: Public Policy And Prudent Practice In The Conflict Of Laws, Jeffrey Jackson

West Virginia Law Review

No abstract provided.

Paul V. National Life, Lex Loci Delicti And The Modern Rule: A Difference Without Distinction, Vernon A. (Bo) Melton Jr.

West Virginia Law Review

No abstract provided.

International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf

LLM Theses and Essays

This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.

Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Choice Of Law In Michigan: Judicial Method And The Policy-Centered Conflict Of Laws, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Death Of Conflicts, Mary Jane Morrison

Villanova Law Review (1956 - )

No abstract provided.

Interest Analysis And Forum Preference In The Conflict Of Laws: A Response To The "New Critics", Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

State Marital Property Laws And Federally Created Benefits: A Conflict Of Laws Analysis, Louise Everett Graham

Law Faculty Scholarly Articles

The laws of individual states have historically controlled familial relationships and the rights and responsibilities derived from them. The injection of federal rights into the domestic relations area has generally been confined to resolution of claims that the application of particular state laws violated either due process or equal protection rights of particular persons. In a limited number of cases concerning marital property, however, one party has relied upon a federal law creating a benefit or right that conflicts with the state-created rule apportioning marital property or establishing a support obligation. Such a conflict of laws problem arose in McCarty …

In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug Rendleman

Scholarly Articles

Not available

International Patent Licensing Agreements And Conflict Of Laws, Giovanna Modiano

Northwestern Journal of International Law & Business

The choice of law rules applicable to disputes involving patent li- censing agreements was a subject that attracted considerable interest among prominent legal scholars in the 1950's.' During the following decade the attention of European scholars concerned with patent li- censing shifted to more substantive issues.2 In recent years, however, an interest in choice of law problems relating to patent licensing agree- ments has been revived.

The Troublesome Workings Of The Judgments Convention Of The European Economic Community, Errol P. Mendes

Vanderbilt Journal of Transnational Law

The problems involved in the jurisdiction by consent provisions in article seventeen and the special rules for insurance claims in articles seven through fifteen have to some extent been dealt with by the provisions of the Judgments Accession Convention as have the problems arising under the hire purchase and credit sale transactions. Nevertheless, a comprehensive definition of the term "consumer sale" is needed from the European Court.

There can be little doubt that both lawyers and litigants who are affected by the Convention, would prefer to operate under the conflict of laws rules of their own nations which, although complex, …

Jurisdiction: Conflicts Of Law And The Indian Reservation: Solutions To Problems In Indian Civil Jurisdiction, Kevin Gover

American Indian Law Review

No abstract provided.

Mutuality Of Collateral Estoppel In Multistate Litigation: An Evaluation Of The Restatement (Second) Of Conflict Of Laws

Washington and Lee Law Review

No abstract provided.

Choice Of Law In Michigan: A Time To Go Modern, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Jurisdiction Over The Corporate Agent: The Fiduciary Shield, Thomas H. Sponsler

Washington and Lee Law Review

No abstract provided.