Conflict of Laws Commons^™

Conflict Of Laws-Refugee Government Property Conservation Decrees In The Courts Of The United States, Robert D. Ulrich

Michigan Law Review

In the Feuchtwanger case, a French government decree of April 24, 1940, as amended May 10, 1940, defined as prohibited exportation of capital "the acts of allowing to remain outside of French territory, or keeping in foreign exchange or foreign currencies, or of not collecting within the territories fixed by decree or instruction of the Minister of Finance, all or part of the proceeds of the exportation of merchandise, or of the remuneration for services, as well as all or part of all proceeds or income abroad."

In May 1939, plaintiff, then a resident of France, purchased a number of …

Uniformity Run Riot--Extensions Of The Erie Case, Lawrence Earl Broh-Kahn

Kentucky Law Journal

No abstract provided.

Conflict Of Laws Relating To Installment Sales, Robert E. Lee

Michigan Law Review

The most perplexing problem in the field of installment contracts probably occurs when property sold by a title-retaining instrument (conditional sale, chattel mortgage, or bailment lease) in one state is removed to another state where rights of creditors of, or purchasers from, the buyer attach. Inasmuch as the possession of the article has been permitted to be in the buyer, so that outwardly, and with nothing more, he is the apparent owner, the important question arises as to whose rights are higher, the secret owner (the conditional seller, the chattel mortgagee, or the bailor) or the creditor of, or purchaser …

Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen

Michigan Law Review

The writer's interest in the conflict of laws coextends substantially with the life of the Michigan Law Review. This may be some excuse for attempting to trace some of the developments in this field in the intervening years. Let us consider first what has happened in this country and thereupon what has occurred in the rest of the world.

Conflict Of Laws-Full Faith And Credit Not Accorded To Confessed Judgment On Note Paid Before Judgment Was Rendered. [-Vest Virginia]

Washington and Lee Law Review

No abstract provided.

Mutual Insurance Contracts

Indiana Law Journal

Notes and Comments: Conflict of Laws

Constitutional Aspects Of The Conflict Of Laws: Recent Developments, Joseph O'Meara

Journal Articles

In diversity-of-citizenship cases Erie v. Tompkins has been extended to the field of conflict of laws by Klaxon Co. v. Stentor Electric Mfg. Co. This "prohibition...against...independent is in line with an earlier pronouncement, in Kryger v. Wilson in 1916, that "a mistaken application of doctrines of the conflict of laws...being purely a question of local common law, is a matter with which [the United States Supreme Court] is not concerned," and with the repeated declaration that "the Constitution...does not guarantee that the decisions of state courts shall be free from error."

The Statute Of Frauds - Conflict Of Laws - Coastwise Petroleum Company V. Standard Oil Company Of N. J.

Maryland Law Review

No abstract provided.

Torts In The Conflict Of Laws, Moffatt Hancock

Michigan Legal Studies Series

There has been in recent years a marked development of interest in the diversities of laws and their attendant conflicts. While modern facilities of communication accelerate the spread of culture and thus augment the need of uniformity in the laws affecting commerce, they also reveal the significance of local needs, customs, and legal institutions. Indeed, it would seem that multiplication of jurisdictions and progressive diversification of laws in both space and subject matter is an unavoidable concomitant of increasing specialization in the international, interstate, or local economy. If these circumstances serve to justify the perennial effort to simplify the law, …

State Conflict Of Laws Rules In The Federal Courts - Klaxon Co. V. Stentor Electric Manujacturing Co.

Maryland Law Review

No abstract provided.

Congressional Enactment Of Uniform Judicial Notice Act, Lawrence E. Hartwig

Michigan Law Review

The National Conference of Commissioners on Uniform Laws approved in 1936 the Uniform Judicial Notice of Foreign Law Act, which has since been adopted by fourteen states. This act was drafted to make uniform a legislative movement of the past twelve years proposing to change two rules of the common law. One is the rule that a state court will not notice the law of sister states in the United States; and the other is the rule that the determination of such law shall be made by the jury and not by the judge. Accordingly, the Uniform Act provides (1) …

Conflict Of Laws - Workmen's Compensation - Local Statute As A Defense To A Local Cause Of Action, John C. Johnston

Michigan Law Review

Plaintiff resided and was employed in Texas as the manager of a local store owned by a corporation which operated a chain of stores in various states. While visiting the main office of his employer in Illinois, he was injured through the negligence of the defendant taxicab company. After applying for and receiving compensation from his employer under the Workmen's Compensation Law of Texas, plaintiff then brought action in Illinois against defendant to recover damages for his personal injuries. Under the Workmen's Compensation Act of Texas an employee who has received compensation under the act may bring an action against …

Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons

Michigan Law Review

In a suit on a contract brought in the United States District Court in Delaware, based on diversity of citizenship, the court allowed interest costs on the basis of the Civil Practice Act of New York where the contract was made. The Circuit Court of Appeals for the Third Circuit affirmed the ruling upon the ground that it was the best rule, without regard to the Delaware conflicts law. On certiorari, held reversed, on the ground that the doctrine of Erie Railroad v. Tompkins prohibits such an independent determination by the federal court of conflict of laws rules. Klaxon Co. …

Conflict Of Laws-Statute Of Frauds As Defense To Enforcement Of Contract Executed In One State And Sued On In Another State. [Illinois]

Washington and Lee Law Review

No abstract provided.

Statutory Liability Of Insurance Agents

Indiana Law Journal

Notes and Comments: Statutory Law

The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel

Michigan Law Review

In its issue of July 1940, the Revista Juridica Argentina of Buenos Aires has published the new "Tratados de Derecho Internacional Privado" of Montevideo concluded in 1939 and 1940. We are grateful to this review for apprising us of a significant event in the field of international codification.

Conflict Of Laws: The Development Of The Doing Of An Act Theory Of Jurisdiction, Howard E. Trent Jr.

Kentucky Law Journal

No abstract provided.

Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.

Delimitations Of Erie Railroad Co. Vs. Tompkins, Samuel H. Sibley

Kentucky Law Journal

No abstract provided.

Amendment By Decision--More On The Erie Case, Lawrence Earl Broh-Kahn

Kentucky Law Journal

No abstract provided.

Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom

Michigan Law Review

Defendant, a member of a machinist's union, was indicted for violation of a city ordinance which prohibited peaceful picketing except by employees employed three months or more at a place of business and who had been so employed within sixty days of the commencement of the picketing. A state statute modeled on the Norris-LaGuardia Act authorized the giving of publicity of labor disputes and forbade the issuing of injunctions for designated types of labor controversies. Held, that the ordinance was void and that the defendant was entitled to picket peacefully a company which had never employed him, but which …

Domestic Relations-Injunction Against Prosecution Of A Divorce Action In A Foreign Jurisdiction [Goldstein V. Goldstein, N. Y. 1940]

Washington and Lee Law Review

No abstract provided.

Addenda To "Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws", Joseph M. Cormack

Faculty Publications

No abstract provided.

Conflict Of Laws-Equitable Conversion

Indiana Law Journal

Recent Case Notes

Municipal Corporations - Home Rule Amendments - Conflict Between Local And State Law, William L. Howland

Michigan Law Review

The petitioner, on behalf of the city of Akron, applied for a writ of mandamus to compel the board of health of the city to apply the municipal civil service regulations to the employees of the board. In 1912, Ohio had adopted a so-called "home rule amendment" to its constitution, under authority of which the city had formulated its charter. By statute, each city in Ohio constitutes a city health district, and the officers thereof are appointed by the mayor of the city with the consent of the city council. The state statutes make no express reference to civil service …

Conflict Of Laws-Public Policy Of The Forum A Bar To Wife's Action Against Husband For Negligent Injury, Oscar Freedenberg

Michigan Law Review

Husband and wife were residents of state A, in which a personal tort action between the spouses was not recognized. The wife sued in state A for injuries sustained by reason of her husband's negligent operation of an automobile in state B. Notwithstanding the wife had a right of action under the lex loci delicti, held, that the public policy of the forum is an effective bar to an action by the wife against her husband for personal injuries. (In the record of the case it appears that the defendant in interest was an insurance company.) Kircher …

Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws: A Study Of Problems Involved In Determining Whether Or Not The Forum Should Follow Its Own Choice Of A Conflict-Of-Laws Principle, Joseph M. Cormack

Faculty Publications

No abstract provided.

State Certification Of Carrier Operating Solely Under Federal Contract - Baltimore & A. Ry. Co. V. Lichtenberg Et Al.

Maryland Law Review

No abstract provided.

May A Spendthrift Interest Be Reached For Alimony, Or Support? - Bauernschmidt V. Safe Deposit & Trust Co.

Maryland Law Review

No abstract provided.

Conflict Of Laws--Jurisdiction For Divorce--Extra-Territorial Validity Of Ex Parte Divorces, Elwood Rosenbaum

Kentucky Law Journal

No abstract provided.