The Choice Of Law Process

Author : David Cavers
Publisher :
ISBN 13 : 9780472750658
Total Pages : 0 pages
Book Rating : 4.58/5 ( download)

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Download or read book The Choice-Of-Law Process written by David Cavers and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York nature study society operates a camp in upstate New York. A truckload of campers goes on a nature study trip to Massachusetts. There, the truck driver's negligence seriously injures a camper. Under New York law, the camper may recover damages from the society; under Massachusetts law, the society is immune from liability. But which law is to apply? Legal scholars in twelfth-century Italian city states grappled with choice-of-law decisions, and choice of law perplexes American jurists today. In The Choice-of-Law Process David F. Cavers of Harvard Law School, after a brief historical review, discusses the far-reaching changes taking place in that process. American legal scholars writing in the last thirty years have undermined the traditional method of deciding choice-of-law cases. With increasing frequency courts are now reexamining choice-of-law process and doctrine. Cavers uses the camper's case and four other imaginary cases--before a court whose judges plainly resemble certain contemporary scholars--to illustrate methods of deciding choice-of-law cases that are currently competing for acceptance. After an evaluation of these methods, Cavers suggests the judicial development of principles of preference to guide courts in resolving "true conflicts" and submits examples of such principles. Concluding chapters consider the roles of the federal courts, statutes, treaties, and civil procedure. In this period of transition, Cavers's book is timely and constructive. The Thomas M. Cooley Lectureship, established in honor of the University of Michigan Law School's first great legal scholar, is designed to stimulate research and bring its results to the attention of the general public as well as of the legal profession.

Author : David Farquhar Cavers
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.75/5 ( download)

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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:

Author : Sagi Peari
Publisher : Oxford University Press
ISBN 13 : 019062230X
Total Pages : 345 pages
Book Rating : 4.05/5 ( download)

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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.

Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.75/5 ( download)

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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.

Author : David Farquhar Cavers
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.26/5 ( download)

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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:

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.98/5 ( download)

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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.

Author : Richard Garnett
Publisher : OUP Oxford
ISBN 13 : 0191629367
Total Pages : 496 pages
Book Rating : 4.65/5 ( download)

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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.

Author : Symeon Symeonides
Publisher : BRILL
ISBN 13 : 9004435883
Total Pages : 1920 pages
Book Rating : 4.89/5 ( download)

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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.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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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.

Author : David F. Cavers
Publisher :
ISBN 13 : 9780472215096
Total Pages : pages
Book Rating : 4.94/5 ( download)

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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.