The Choice-of-law Process
Author | : David Farquhar Cavers |
Publisher | : |
Total Pages | : 360 |
Release | : 1965 |
Genre | : Law |
ISBN | : |
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Author | : David Farquhar Cavers |
Publisher | : |
Total Pages | : 360 |
Release | : 1965 |
Genre | : Law |
ISBN | : |
Author | : Sagi Peari |
Publisher | : Oxford University Press |
Total Pages | : 345 |
Release | : 2018 |
Genre | : Law |
ISBN | : 019062230X |
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 |
Total Pages | : 595 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1107079179 |
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 | : |
Total Pages | : 336 |
Release | : 1965 |
Genre | : Conflict of laws |
ISBN | : |
Author | : John Prebble |
Publisher | : |
Total Pages | : 902 |
Release | : 1972 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Richard Garnett |
Publisher | : OUP Oxford |
Total Pages | : 496 |
Release | : 2012-03-08 |
Genre | : Law |
ISBN | : 0191629367 |
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 |
Total Pages | : 1920 |
Release | : 2020-12-15 |
Genre | : Law |
ISBN | : 9004435883 |
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 | : David F. Cavers |
Publisher | : |
Total Pages | : |
Release | : 1981-01-01 |
Genre | : |
ISBN | : 9780472215096 |
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.
Author | : Dean Symeon C. Symeonides |
Publisher | : Oxford University Press |
Total Pages | : 841 |
Release | : 2016-04-15 |
Genre | : Law |
ISBN | : 0190496746 |
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.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
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.