| Description |
1 online resource (xl, 798 pages) |
| Series |
The Oxford commentaries on American law |
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Oxford commentaries on American law.
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| Contents |
Cover; Series; Choice of Law; Copyright; Dedication; Summary Table of Contents; Detailed Table of Contents; List of Tables; List of Figures, Charts, and Maps; Preface; Abbreviations; 1. Introduction; I. Scope and Coverage; II. Nomenclature; A. Conflict of Laws; B. Private International Law; III. Choice of Law; A. Choice of Law and Jurisdiction; B. Choosing versus Blending Laws; C. The Substantivist Method; D. Arbitration and Anational Law; IV. Categories of Conflicts; V. Federal and State Laws and Courts; VI. Plurilegalism in a Single Country; VII. Selected General Bibliography |
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Part one The Federal Framework2. Federalism and Choice of Law; I. Introduction; II. The Division of Lawmaking Competence between the Federal and State Governments; III. Federal Limitations on State Choice of Law; A. The Four Principal Constitutional Clauses; B. The Full Faith and Credit Clause; 1. Text and Purpose; 2. Legislative History; 3. Scope; 4. Full Faith and Credit to Judgments; C. The Full Faith and Credit and Due Process Clauses; 1. Early Jurisprudence; 2. From Interventionism to Laissez-Faire; 3. Constitutional Controls of Jurisdiction and Choice of Law |
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D. Privileges and ImmunitiesE. Foreign Affairs; 1. Federal versus State Competence; 2. Executive versus Judicial Function; IV. Law Applied in Federal Courts; A. In General; B. Law Applied in Diversity Cases; 1. Substantive Law; 2. Procedural Law; 3. Choice of Law; Part two History, Doctrine, and Methodology; 3. Early Choice-of-Law Doctrine and the Traditional System; I. Introduction; II. Choice-of-Law Doctrine before the Twentieth Century; A. From Ancient Greece to Medieval Italy; B. Bartolus, Statutists, and Unilateralism; C. The Dutch Commentators' and Comity |
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D. Wächter and Savigny: From Unilateralism to MultilateralismE. The Dearth of English Conflicts Doctrine; F. Early American Conflicts Law: Joseph Story; III. Joseph H. Beale and the Traditional Choice-of-Law System; A. Joseph H. Beale; B. Territoriality; C. Vested Rights; IV. The First Conflicts Restatement; A. Some of the Restatement's Flaws; B. The Restatement's Contributions; C. Some of the Restatement's Specific Rules; 1. Torts and Contracts; 2. Property, Marital Property, and Successions; D. The Restatement's Following |
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4. The Structure of Choice-of-Law Rules and the Operation of the Choice-of-Law ProcessI. Introduction; II. The Choice-of-Law Rule and Its Components; III. Characterization; IV. Localization; V. The Application of the Designated Law and Its Exceptions; A. Substance versus Procedure; B. Renvoi; C. The Public Policy Exception; D. The Penal-Law Exception; E. The Foreign Tax-Law Exception; VI. Domicile; VII. Judicial Notice and Proof of Foreign Law; 5. The Choice-of-Law Revolution: Theoretical Groundwork; I. Introduction; II. The First Critics; A. Walter W. Cook; B. David F. Cavers |
| Summary |
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 |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Conflict of laws -- United States
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Conflict of laws.
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LAW -- Constitutional.
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LAW -- Public.
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Conflict of laws
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United States of America.
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Choice of law.
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Private international law.
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Laws of specific jurisdictions & specific areas of law.
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Law.
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United States
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| Form |
Electronic book
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| ISBN |
9780190496753 |
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0190496754 |
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9780190496739 |
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0190496738 |
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