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Written by leading Conflicts scholars, this casebook presents a balanced study of Conflict of Laws. The books starts with a discussion of traditional approaches to choice-of-law problems, followed by an examination how modern courts and commentators have struggled to formulate more responsive approaches. The remaining broad topics—constitutional limitations on choice of law, the Erie doctrine, personal jurisdiction, conflicts in the federal system, recognition of judgments, conflicts in the international context, choosing legal regimes and choice of law in complex litigation—are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. Key New Features:
- Chapter on Conflict of Laws in the Federal System, which was deleted in the 6th edition, is added back at the request of adopters; the chapter does not attempt a comprehensive coverage of issues that are typically addressed in a civil procedure or federal jurisdiction course but instead focuses on the federalism questions that are relevant to conflict of laws.
- Addition of Goodyear v. Brown and Daimler v. Bauman to the chapter on personal jurisdiction, two Supreme Court cases that greatly modernize the subject
- New discussion of the impact of law and economics on choice of law theory
- Discussion of new cases on post-9/11 scope of constitutional limits
- New examples pertaining to recognition of judgments in domestic relations cases, e.g., child kidnapping
- Continued coverage of the First Restatement rules that continue to be important, with less emphasis on First Restatement rules of less relevance today.
- Re-introduction of discussion of New York cases addressing choice of law theory, with focus on important new cases
Category: Constitutional Law
Author: R. Lea Brilmayer
Pub Date: 2/23/2015
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