American Conflicts Law

by McDougal, Luther L.; Felix, Robert L.; Whitten, Ralph U.; Leflar, Robert Allen

• ISBN13: 9781571051219
• ISBN10: 157105121X
• Edition: 5th
• Format: Hardcover
• Copyright: 2001-07-01
• Publisher: Martinus Nijhoff

Summary

No less than in other jurisdictions world-wide, conflicts law in the U.S. continues to undergo a major transformation. Accordingly, this fully updated new edition of the classic treatise and commentary on American conflicts law will be welcomed, not only in law schools, but also by all legal professionals practising before U.S. Courts. This Fifth Edition opens with an in-depth examination of the essential topics that affect conflict of laws decisions in United States courts regardless of the conflict-of-laws system employed. Early chapters cover the background of choice of law, domicile, personal jurisdiction and related matters, the constitutional limitations on choice of law in the United States, "vertical" choice of law in the federal courts (the Erie doctrine), and judgements and public acts. Building on this foundation, the book proceeds to an analysis of the development and application of the traditional "vested rights" system of Conflicts and goes on to examine the modern conflicts systems that have steadily been replacing that system in the latter half of the twentieth century. The book includes revised and updated chapters on choice-of-law developments in American courts under all existing conflict-of-laws systems. Its coverage includes conflict of laws in criminal cases, the substance-procedure distinction, and an examination of conflict-of-laws issues under all systems in particular substantive areas. Included are chapters on torts, contracts, workers' compensation, land, tangible and intangible personality, trusts, wills and inheritance, decedents' estates, receivers and conservators, marriage and its termination, marital property, relationships with children, and corporations. In addition to extensive description of all important developments in conflict of laws through the year 2000, the authors have provided important analysis and critical commentary of the case law within each topic covered. In its revised and updated form, this is an excellent analytic commentary for all students of conflict of laws at the beginning of the twenty-first century, as well as a prime research source for lawyers and judges confronted with conflict of laws issues.

Table of Contents

Preface	p. xi
Background	p. 1
History and Literature	p. 1
The Choice-of-Law Problem	p. 4
"Jurisdiction"	p. 5
Shifting Choice-of Law Theory	p. 7
Federal Constitutional Controls	p. 9
International Conflicts Problems	p. 10
The Other State's Law: Renvoi	p. 12
The Function of Conflicts Law	p. 14
Domicile and Related Concepts	p. 17
The Concept of Domicile and Its Functions	p. 17
Domicile of a Competent Adult	p. 20
Domicile of a Married Woman	p. 25
Domicile of a Minor Child	p. 27
Domicile of an Incompetent	p. 30
Corporate Domicile	p. 31
Judicial Determination of Domicile	p. 32
Conflicting Determinations	p. 34
Residence and Other Concepts	p. 36
Durational Requirements: Constitutionality	p. 38
Personal Jurisdiction: The Basic Principles	p. 41
Traditional Bases	p. 41
Contemporary Bases	p. 49
International Shoe: Status of the Traditional Rules	p. 51
Specific and General Jurisdiction	p. 55
Specific Jurisdiction.: Problems of Application	p. 59
General Jurisdiction: Problems of Application	p. 68
Jurisdiction by Necessity	p. 71
Personal Jurisdiction: General Principles	p. 73
Requisites to Exercise of Jurisdiction	p. 73
Long-Arm Statutes	p. 75
Constitutional Requirement of Notice	p. 83
Presentation and Waiver of Personal Jurisdiction Defenses; Consent	p. 87
Continuing Jurisdiction	p. 90
Federal Courts	p. 91
Class Actions	p. 97
Personal Jurisdiction: Specific Situations	p. 103
Tort Cases: In General	p. 103
Tort Cases: Products Liability	p. 113
Contract Cases	p. 119
Property Cases: Ownership or Use of Property	p. 122
Property Cases: Remnants of In Rem Jurisdiction	p. 125
Jurisdiction Based on Internet Activities	p. 131
Special Problems with Corporations	p. 136
Personal Jurisdiction: Grounds for Not Exercising	p. 145
Access to Local Courts	p. 145
Immunity from Suit: Rules Against Acquisition of Jurisdiction by Fraud or Force	p. 147
Ordering the Doing of Out-of-State Acts	p. 152
The Local Action Rule	p. 153
Dissimilarity and Local Public Policy	p. 157
Penal and Governmental Claims	p. 161
Inadequacy of Judicial Machinery	p. 166
Forum Non Conveniens	p. 168
Choice-of-Forum Clauses	p. 176
Injunctions Against Extrastate Suits	p. 180
Legislative Jurisdiction	p. 189
The Constitutional Framework	p. 189
Early Constitutional Decisions	p. 193
Revised Constitutional Limits	p. 197
Allstate Insurance Co. v. Hague	p. 199
"State's Rights" in Choice of Law	p. 203
Escheat of Intangible Property	p. 209
Jurisdiction to Tax	p. 213
Vertical Choice of Law: State Law in Federal Courts	p. 217
The Swift Doctrine	p. 217
The Erie Doctrine	p. 222
Klaxon and the Extension of Erie to Conflict of Laws	p. 224
Development of the Erie Doctrine: Rules of Decision Act Cases	p. 229
Development of the Erie Doctrine: Rules Enabling Act Cases	p. 238
Ascertaining State Law	p. 245
Federal Common Law	p. 249
Effect of the Erie Doctrine on Federal Statutes	p. 256
Judgments and Public Acts	p. 263
The Full Faith and Credit Clause and its Implementing Statutes	p. 263
Full Faith and Credit to Public Acts	p. 266
State Judgments: Basic Rule of Enforceability; Procedure for Enforcement	p. 270
State Judgments: Basic Rule of Claim and Issue Preclusion	p. 277
State Judgments: Erroneous and Contradictory Judgments	p. 287
State Judgments: Invalid or Reexaminable Judgments; Fraud; Nonfinal and Modifiable Judgments	p. 289
State Judgments: Decrees Concerning Out-of-State Land	p. 300
State Judgments: Statutes of Limitation	p. 304
State Judgments: Penal Statutes and Governmental Claims	p. 306
State Judgments Adjudicating Federal Claims and Issues	p. 307
State Administrative Adjudications	p. 310
Federal Judgments	p. 313
Judgments of Foreign Countries	p. 315
Enforceability of United States Judgments Abroad	p. 322
Choice-of-Law Theories and Concepts	p. 325
Territorial Location of Vested Rights	p. 325
Characterization and Other Escape Devices	p. 327
The Just Result in the Particular Case	p. 331
Choice of Jurisdiction or Choice of Law	p. 333
Forum Preference	p. 334
The "Most Significant Relationship" Test	p. 336
Governmental Interest Analysis	p. 338
"Statutory Construction" as a Basis for Choice of Law	p. 343
Principles of Preference	p. 345
Choice-Influencing Considerations	p. 347
Multistate Substantive Laws	p. 348
Judicial Eclecticism	p. 350
Post-Occurrence Contacts and Separate Issues (Depecage)	p. 351
Choice-of-Law Statutes	p. 352
Leflar's Choice-Influencing Considerations	p. 357
Background	p. 357
Predictability of Results	p. 359
Maintenance of Interstate and International Order	p. 361
Simplification of the Judicial Task	p. 363
Advancement of the Forum's Governmental Interests	p. 364
Application of the Better Rule of Law	p. 366
Correlating the Considerations	p. 370
Criminal Law	p. 373
"Crime Is Local"; Basic Theory	p. 374
Operation of Basic Theory	p. 378
Nonterritorial Bases of Jurisdiction	p. 382
Multistate Jurisdiction	p. 385
Interstate Boundary Streams	p. 389
Admissibility of Evidence	p. 390
Federal Law Affecting State Crimes	p. 394
Intercounty Problems	p. 395
Return of Wanted Persons from Other States	p. 397
International Extradition	p. 400
Procedural Matters	p. 403
Characterization: Substantive or Procedural	p. 403
Scope of the Procedural Concept in General	p. 406
Evidence	p. 412
Presumptions and Burden of Proof	p. 415
Parol Evidence Rule; Statute of Frauds	p. 419
Measure of Damages	p. 423
Statutes of Limitation: The Traditional Approach	p. 425
Statutes of Limitations: Modern Approaches	p. 430
Limitations: Tolling Statutes	p. 437
Proof of Foreign Law and Records	p. 440
Torts	p. 447
Variety of Approaches	p. 447
Lex Loci Delicti	p. 449
Place of First Harmful Impact	p. 451
Escape Devices; Characterization	p. 456
Governmental Interest Analysis	p. 461
Most Significant Relationship	p. 466
New York: Principles of Preference?	p. 472
Choice-Influencing Considerations	p. 476
Eclecticism	p. 479
Federal Admiralty Cases	p. 480
Actions Against States	p. 485
Contracts	p. 489
Typical Diversity in Choice of Law	p. 489
Law of Place of Making	p. 492
Law of Place of Performance	p. 496
Intent of the Parties	p. 498
Construction and Interpretation	p. 500
The Preference for Validation	p. 501
Contracts with a Choice-of-Law Clause	p. 505
"Center of Gravity," "Grouping of Contracts," and the Restatement (Second)	p. 513
Other Contemporary Approaches	p. 517
Usury	p. 523
Insurance Contracts	p. 526
Bills and Notes	p. 530
Arbitration Clauses	p. 532
Quasi-Contractual Liabilities	p. 536
United Nations Convention on Contracts for the International Sale of Goods	p. 537
Workers' Compensation	p. 541
Conflicts Background	p. 541
Proper Forum: Local or Transitory Action	p. 545
Permissible Choices of Law	p. 547
Statutory Conflicts Provisions	p. 553
Plural Compensation Recoveries	p. 558
Tort Recoveries	p. 563
Subrogation, Contribution, and Indemnity	p. 569
Land	p. 573
General Principles	p. 573
Renvoi in Land Cases	p. 576
Conversion of Immovables	p. 577
Capacity of Parties and Formalities of Conveyance	p. 579
Interpretation and Effect of Conveyance	p. 581
Contracts and Covenants Concerning Land	p. 583
Mortgages and Other Encumbrances	p. 586
Trusts and Other Equitable Interests	p. 590
Titles Created by Operation of Law	p. 592
Actions Concerning Extrastate Land	p. 593
Tangible and Intangible Personalty	p. 597
Voluntary Transfers: The Situs Rule	p. 597
Reference to Domiciliary Law	p. 599
Contemporary Analysis	p. 601
Nonconsensual Changes in Title	p. 604
Removal Across State Lines	p. 605
Third-Party Transactions After Removal	p. 606
Title Embodied in a Document	p. 608
Transactions Under the Uniform Commercial Code	p. 610
The "Situs" of Choses in Action	p. 619
Escheat of Intangibles	p. 623
Assignments	p. 627
Trusts	p. 631
Trusts of Land	p. 631
Inter Vivos Trusts of Personalty	p. 633
Testamentary Trusts of Personalty	p. 635
New Trusts Under Powers of Appointment	p. 638
Administration	p. 641
Interpretation and Construction	p. 644
Remedies	p. 646
Wills and Inheritance	p. 649
Intestate Succession	p. 649
Validity of Wills	p. 652
Revocation of Wills	p. 657
Interpretation of Wills	p. 658
Marital Property Interests	p. 662
Powers of Appointment	p. 665
Probate of Wills	p. 667
Decedents' Estates	p. 671
Nature and Function of Administration	p. 671
Legal Status of Executors and Administrators	p. 673
Land	p. 679
Tangible Personalty, Negotiable Paper, Judgments	p. 680
Debts Owed to Decedent	p. 683
Rights Arising After Administration Begins	p. 686
Claims Against the Estate	p. 687
Effect of Extrastate Judgments	p. 691
Termination of Administration	p. 693
Receivers and Conservators	p. 695
Appointment of Receivers	p. 695
Local Nature of Receiverships	p. 698
Extrastate Recognition of Receivers	p. 701
Statutory Succession to Rights	p. 705
Distribution of Assets	p. 707
Conservators and Guardians of Property	p. 708
Marriage and Its Termination	p. 711
Marriage as a Status	p. 711
General Validity of Marriages	p. 713
Marriages: Strong Local Public Policy	p. 718
Divorce: Grounds	p. 725
Divorce: Jurisdiction Based on Domicile	p. 727
Other Theories of Divorce Jurisdiction	p. 731
Divorce: Recognition in Other States	p. 736
Estoppel	p. 739
Separate Support; "Divisible Divorce"	p. 742
Support--Generally: The Uniform Support Acts	p. 748
Injunctions Against Extrastate Divorce Suits	p. 753
Judicial Separation	p. 755
Annulment of Marriages	p. 756
Marital Property	p. 759
Common Law and Community Property Systems	p. 759
Effect of Marriage on Prior Titles	p. 761
Property Acquired After Marriage	p. 762
Removal of Goods or Change of Domicile	p. 766
New Events After Removal (Incidents of Title)	p. 770
Marital Property Contracts	p. 775
Division of Property: Elective Shares; Dower and Curtesy	p. 778
Relationships with Children	p. 781
Adoption: Jurisdiction	p. 781
Adoption: Extrastate Consequences	p. 786
Legitimacy: Creation of the Status	p. 789
Legitimacy: Extrastate Consequences	p. 791
Custody Awards: National Jurisdictional Standards	p. 793
Extrastate Custody Awards: Full Faith and Credit	p. 805
Guardian and Ward	p. 813
Child Support: Jurisdiction and Full Faith and Credit	p. 816
Bastardy and Filiation Proceedings	p. 822
Corporations	p. 827
Creation and Extrastate Existence	p. 827
Dissolution	p. 830
Stock and Stockholders	p. 833
Enforcement of Liabilities of Stockholders, Directors, and Officers	p. 837
Internal Affairs	p. 839
Federal Constitutional Protections	p. 845
Qualification Statutes	p. 852
Doing Business Without Qualifying	p. 854
Model Business Corporation Act, [section] 15.01	p. 857
Multiple Incorporation	p. 857
Table of Cases	p. 861
Index	p. 995
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