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Conflict of Laws A Comparative Approach

Conflict of Laws  A Comparative Approach Author Gilles Cuniberti
ISBN-10 9781785365942
Release 2017-02-24
Pages 520
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The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply

Conflict of Laws

Conflict of Laws Author Laura E. Little
ISBN-10 9781454897767
Release 2018-02-26
Pages 1056
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In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition

The Conflict of Laws

The Conflict of Laws Author Adrian Briggs
ISBN-10 9780191668623
Release 2013-04-25
Pages 434
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Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.

Conflict of Laws Private International Law Cases and Materials

Conflict of Laws  Private International Law  Cases and Materials Author Peter Hay
ISBN-10 1634593081
Release 2017-07-13
Pages 1377
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The authors of the fifteenth edition are proud of the book''s heritage, which dates to 1936. At the same time, they are mindful of the needs of students and professors addressing the Conflict of Laws eight decades later. We have added the subtitle "Private International Law" to acknowledge the more common title of the subject outside the U.S., as well as to alert students that they will face a blend of domestic and international issues once they become lawyers. As an intellectual matter, the conflicts course presents rich and nuanced doctrine. As a professional matter, every litigator will face issues raised in this course. As a practical matter, an increasing number of students are drawn to the course because it is tested on the bar exam in every state that has adopted the universal bar exam or the multistate essay exam. The authors recognize the need, therefore, to provide appropriate review of civil procedure to allow the student to transition to the study of conflicts. A modern conflicts casebook must be flexible. Some professors will choose to cover a great deal of international and comparative law. Others, however, will prefer to address conflicts only in the domestic sphere. This edition fully supports either (or some middle) approach. The professor may comfortably choose how much international and comparative material to cover without losing transition or context. Some highlights of the fifteenth edition: Chapter 2 has been shortened and honed to drive home the significance of domicile and the complementary concept of habitual residence, including a new note on domicile and devolution of real property. Chapter 3, concerning personal jurisdiction, has been sharpened by trimming notes in light of current developments. There is a new note on "Effects" Jurisdiction, which addresses Calder and Keeton as a prelude the Supreme Court''s most 2014 decision in Walden v. Fiore. In the section on general jurisdiction, Daimler replaces Goodyear as a principal case, and students are invited to consider how the constriction of general jurisdiction may impose increasing demands for expansion of specific jurisdiction. Chapter 4 pulls together everything that bears on limiting a court''s exercise of jurisdiction that it otherwise has. This includes forum selection agreements in interstate and international transactions, antisuit injunctions, dismissals (or denials of motions to dismiss) in cases of parallel litigation (lis pendens) or on the ground of forum non conveniens, and federal transfer. Chapter 5 treats a number of questions often not addressed in depth in the first-year procedure course. For instance: what is a "judgment" for purposes of recognition - administrative decrees, equity decrees, modifiable support orders? How conclusive is a judgment on a second court - comparing Treinies with the 2010 SPEECH Act requiring review of foreign country awards for libel? Does public policy play a different role in the case of foreign than in interstate judgments? Can non-parties benefit or be bound: what about "virtual representation" or non-mutual collateral estoppel? What are the mechanisms for the recognition and enforcement of domestic and of foreign-country judgments in the United States? Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance "teachability." The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b

International Copyright Law U S and E U Perspectives

International Copyright Law  U S  and E U  Perspectives Author Jane C. Ginsburg
ISBN-10 9781783477982
Release 2015-05-29
Pages 880
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This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc

A Conflict of laws Anthology

A Conflict of laws Anthology Author Gene R. Shreve
ISBN-10 9781422493397
Release 2011-12
Pages 503
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Selected extracts and readings with commentary; expands coverage with the addition of choice-of-law codification and choice of law in the international arena.

Ethnic Conflict

Ethnic Conflict Author Neal G. Jesse
ISBN-10 9781483316758
Release 2010-02-08
Pages 432
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As ethnic groups clash, the international community faces the challenge of understanding the multiple causes of violence and formulating solutions that will bring about peace. Allowing for greater insight, Jesse and Williams bridge two sub-fields of political science in Ethnic Conflict—international relations and comparative politics. They systematically apply a “levels of analysis” framework, looking at the individual, domestic, and international contexts to better explore and understand its complexity. Five case study chapters apply the book’s framework to disputes around the world and include coverage of Bosnia, the Israeli-Palestinian conflict, Northern Ireland, Sri Lanka, and Sudan. Never losing sight of their analytical framework, the authors provide richly detailed case studies that help students understand both the unique and shared causes of each conflict. Students will appreciate the book’s logical presentation and excellent pedagogical features including detailed maps that show political, demographic, and cultural data.

Conflict of Laws As Taxonomy

Conflict of Laws As Taxonomy Author Frank Bates (LL. M.)
ISBN-10 0409340286
Release 2015-06-23
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Conflict of Laws as Taxonomy: A New Approachoffers a unique analytical and doctrinal approach to the conflict of laws. Its purpose is to review and assess the traditionally accepted methodology and taxonomy used in the resolution of cross-jurisdictional matters and to suggest alternative ways in which such matters may be classified, with resulting practical application to the conduct of cross-border disputes. Format: Paperback The author of this text provides a fresh comparative approach towards key issues, as well as examining the various theories that have been devised to explain the ways in which different approaches have been justified. This comparative discussion highlights the strengths and weaknesses of particular jurisdictionsoÂeÂ(tm) treatment of the conflict of laws and uses this to develop an understanding of these differences. This is essential knowledge in preparing for the jurisprudential approach likely to be applied in those jurisdictions in overseas practice and litigation. Of particular relevance is the consideration of the divergence between courts in the United Kingdom (because of its membership of the EU), the United States (which has, for nearly 200 years pursued a more jurisprudential approach) and Australia. In the current environment of increasing globalisation, the book will be of great benefit to practitioners and litigators involved in cross-jurisdictional matters, while its scholarly and authoritative analysis will engage and inform researchers and students of conflict of laws, comparative law and jurisprudence. Features oÂeo Unique analytical and doctrinal approach to conflict of laws oÂeo Detailed comparative examination of the approaches across UK, US and Australian jurisdictions oÂeo Extensive review of case law Related LexisNexis Titles Davies, Bell & Brereton, NyghoÂeÂ(tm)s Conflict of Laws in Australia, 9th edition, 2014 Mortensen, Garnett & Keyes, Private International Law in Australia, 3rd edition, 2015

International Commercial Litigation

International Commercial Litigation Author Trevor Hartley
ISBN-10 9781107095892
Release 2015-07-02
Pages 964
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Retaining its practical emphasis, this new edition has been fully revised and updated to reflect important new developments.

Conflict of Laws

Conflict of Laws Author David P. Currie
ISBN-10 0314163905
Release 2006-01-01
Pages 921
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"The new edition contains added materials on complex litigation and conflicts in cyberspace, federal state conflicts and the extraterritorial reach of the Constitution, incorporating recently decided Supreme Court cases. In addition, there is expanded treatment of recent family law issues, including: interstate dissolution, child custody, adoption and same-sex couples. This edition continues the tradition of organizing the teaching of conflicts around the broad themes reflected in different intellectual approaches to the problem."--Publisher's website.

Cross Border Litigation in Europe

Cross Border Litigation in Europe Author Paul Beaumont
ISBN-10 9781782256779
Release 2017-11-16
Pages 864
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This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Diasporas and Homeland Conflicts

Diasporas and Homeland Conflicts Author Bahar Baser
ISBN-10 9781317151296
Release 2016-03-09
Pages 322
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As violent conflicts become increasingly intra-state rather than inter-state, international migration has rendered them increasingly transnational, as protagonists from each side find themselves in new countries of residence. In spite of leaving their homeland, the grievances and grudges that existed between them are not forgotten and can be passed to the next generation. This book explores the extension of homeland conflicts into transnational space amongst diaspora groups, with particular attention to the interactions between second-generation migrants. Comparative in approach, Diasporas and Homeland Conflicts focuses on the tensions that exist between Kurdish and Turkish populations in Sweden and Germany, examining the effects of hostland policies and politics on the construction, shaping or elimination of homeland conflicts. Drawing on extensive interview material with members of diasporic communities, this book sheds fresh light on the influences exercised on conflict dynamics by state policies on migrant incorporation and multiculturalism, as well as structures of migrant organizations. As such, it will be of interest to scholars of sociology, political science and international studies with interests in migration and diaspora, integration and transnational conflict.

Comparative Company Law

Comparative Company Law Author Mathias M Siems
ISBN-10 9781509909353
Release 2018-09-20
Pages 584
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As attention moves rapidly towards comparative approaches, the research and teaching of company law has somehow lagged behind. The overall purpose of this book is therefore to fill a gap in the literature by identifying whether conceptual differences between countries exist. Rather than concentrate on whether the institutional structure of the corporation varies across jurisdictions, the objective of this book will be pursued by focusing on specific cases and how different countries might treat each of these cases. The book also has a public policy dimension, because the existence or absence of differences may lead to the question of whether formal harmonisation of company law is necessary. The book covers 12 legal systems from different legal traditions and from different parts of the world (though with a special emphasis on European countries). In alphabetical order, those countries are: Finland, France, Germany, Italy, Japan, Latvia, the Netherlands, Poland, South Africa, Spain, the UK, and the US. All of these jurisdictions are subjected to scrutiny by deploying a comparative case-based study. On the basis of these case solutions, various conclusions are reached, some of which challenge established orthodoxies in the field of comparative company law.

International Law and the Israeli Palestinian Conflict

International Law and the Israeli Palestinian Conflict Author Susan M. Akram
ISBN-10 9781136850974
Release 2010-12-23
Pages 352
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The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

Conflict of laws

Conflict of laws Author Roger C. Cramton
ISBN-10 STANFORD:36105060040800
Release 1993-07
Pages 743
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Conflict of laws has been writing in one form or another for most of life. You can find so many inspiration from Conflict of laws also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Conflict of laws book for free.

The Faces of Justice and State Authority

The Faces of Justice and State Authority Author Mirjan R. Damaska
ISBN-10 9780300191288
Release 1991-07-24
Pages 260
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A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman

Comparative Federalism

Comparative Federalism Author Francesco Palermo
ISBN-10 9781509901517
Release 2017-10-05
Pages 504
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This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.†? Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.†? Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.†? Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.†? Professor Nico Steytler, University of the Western Cape