Download or read book The Choice of law Process written by David Farquhar Cavers and published by . This book was released on 1965 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Download or read book The Choice of law Process written by David Farquhar Cavers and published by . This book was released on 1965 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Choice of Law to Determine the Validity and Effect of Contracts written by John Prebble and published by . This book was released on 1972 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Download or read book Choice of Law in Practice written by Symeon Symeonides and published by BRILL. This book was released on 2020-12-15 with total page 1920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts decisions in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation in the last twenty years and distills the resulting lessons for attorneys, academics, and lawmakers.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Choice of Law written by Dean Symeon C. Symeonides and published by Oxford University Press. This book was released on 2016-04-15 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Download or read book Substance and Procedure in Private International Law written by Richard Garnett and published by OUP Oxford. This book was released on 2012-03-08 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Download or read book The Choice of Law Process written by David F. Cavers and published by . This book was released on 1981-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifteenth in a series of lectures on the title, "Policy, Justice, & Principle in the Choice-of-Law Process". This publication is available through our print-on-demand program. Allow four weeks for delivery. All copies are produced on acid-free paper with library-style binding.
Download or read book The Choice of law Process The Thomas M Cooley Lectures written by David Farquhar Cavers and published by . This book was released on 1965 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Choice of Law for American Courts written by Edwin S. Fruehwald and published by Bloomsbury Publishing USA. This book was released on 2001-03-30 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law. In the early 20th century, there was a fairly-uniform multilateralist method of choice law. In the 1920s and 30s, however, scholars adn courts began to reject this method. Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy. Currently, state courts use four different approached to choice law with numerous material variations. This study rejects these approaches on normative, constitutional, and practical grounds. Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states. The study also argues that such an approach should satisfy a constitutional standard that requires a court not choose one state's law when another state has a significantly closer connection to controversy. The proposed method consists of two parts. The first part determines the states that have created legal relations applying to the dispute. When more than one state has created a legal realtions applying to the dispute. When more than one state has created a legal relation that applies to the controversy, the second part adopts the law of the state that had the closest connection. The study then applies the suggested method to numerous choice of law problems.
Download or read book The Interest Approach to Choice of Law written by Amos Shapira and published by Springer. This book was released on 2012-12-06 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on a doctoral thesis submitted to Yale University Law School in 1968. I wish to acknowledge my deepest gratitude to my super visor in the writing of the thesis, Professor Ronald M. Dworkin, whose in sights and criticism have conspicuously contributed to the present work. Time and again I have been inspired by the ideas expressed by hirn both in personal discussions and in his Conflict of Laws and Jurisprudence courses. It has been my privilege also to have had Professors Leon S. Lipson and Guido Calabresi as supervisors. I have derived great benefit from their sug gestions. A sincerely feIt appreciation is expressed to all three persons. A special debt of gratitude is owing to the Yale Law School for the gener ous financial support extended to me. I also wish to record my indebtedness to the Hebrew University of Jerusalem and to Tel-Aviv University for their financial assistance. I am extremely grateful to Mr. Michael Reiss, '68 Yale Law School for his significant editorial assistance. Thanks are also due to my wife Ettie for invaluable help and encouragement. Finally, I wish to thank the publishers for their courtesy and cooperation. A.S.
Download or read book Selected Essays on the Conflict of Laws written by Brainerd Currie and published by William s Hein & Company. This book was released on 1963 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the Conflicts of Laws which were written over a period of years & were originally published in periodicals.
Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Download or read book The Choice of Law written by David Farquhar Cavers and published by Durham : Duke University Press. This book was released on 1985 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains selected essays written by the author from 1933 to 1983. In his earlier works he presents the view that in a conflicts case the choice should be between rules and not between states or jurisdictions. In the later essays he reviews the choice of law issues surrounding mass torts due to airplane accidents, drugs and defective products.
