Principles of Conflict of Laws

by Spillenger, Clyde

• ISBN13: 9780314191021
• ISBN10: 031419102X
• Format: Paperback
• Copyright: 2010-04-27
• Publisher: West Academic

Summary

West understands that, over time, teaching and learning methods change. Concise Hornbooks have been developed specifically to provide for the needs of today's law student. The series features concise analyses of basic areas of law by prominent legal scholars.

Table of Contents

Introduction	p. v
The Territorial Approach to Choice of Law: Concepts and Limitations	p. 1
Lex Loci: The Traditional Approach to Choice of Law	p. 4
The Lex Loci Approach in Tort Cases: The Carroll Case	p. 6
The Lex Loci Approach in Contract Cases: Milliken v. Pratt	p. 16
The Lex Loci Approach in Property Cases	p. 20
Other Areas	p. 22
"Escape Devices"	p. 22
Characterization	p. 23
Substance and Procedure	p. 30
Renvoi	p. 41
Public Policy	p. 45
Pleading and Proving Foreign Law	p. 52
Modern Approaches to Choice of Law	p. 59
The Scholarly Critique of the Territorial Approach	p. 59
New York and the "Center of Gravity" Approach: Auten and Haag	p. 61
Interest Analysis: The Currie Approach	p. 65
Choice of Law as an Exercise in Interpretation and Construction	p. 66
Identification of False and True Conflicts: The Heart of Interest Analysis	p. 70
Criticisms of the Currie Approach	p. 74
Identifying False Conflicts in New York: Guest Statutes and Beyond	p. 79
Guest Statutes in the New York Courts: Babcock, Dym, and Tooker	p. 79
Contiguous-Border Torts and the "Neumeier Rules"	p. 83
Conduct Regulation and Loss Distribution: Beyond Guest Statutes	p. 86
Resolving True Conflicts	p. 91
Currie's Approach	p. 91
Comparative Impairment	p. 93
Other Solutions: "Principles of Preference" and "Shared Policies"	p. 100
Territoriality Redux?	p. 103
The Second Restatement: The "Most Significant Relationship"	p. 104
Torts	p. 105
Contracts	p. 111
The Better Law	p. 113
Does It Matter?	p. 118
A Few Areas of Modern Interest	p. 119
A View of the Landscape	p. 119
Statutory Solutions to Choice of Law	p. 120
The "Rule of Validation," Party Autonomy, and Enforcement of Contractual Choice-of-Law Provisions	p. 122
Conflict of Laws and the Uniform Commercial Code	p. 133
Insurance Conflicts	p. 135
Conflicts in Products Liability Litigation: Two Examples	p. 137
Complex Litigation	p. 143
Conflicts in Cyberspace	p. 148
Constitutional Limitations on Choice of Law	p. 151
Due Process	p. 152
The Dick Case	p. 152
Values Protected by the Due Process Clause: Fairness to Individuals, Reasonable Foreseeability, and Protection from "Unfair Surprise"	p. 155
Full Faith and Credit	p. 156
The 1930s Cases on Full Faith and Credit and Choice of Law	p. 157
The Continuing Relevance of Pacific Employers	p. 161
Due Process and Full Faith and Credit, Merged	p. 162
Implementing Dick and Pacific Employers: The Watson and Clay Cases	p. 162
The Modern Cases: Hague and Shutts	p. 164
Full Faith and Credit, National Unity, and Sovereign Immunity	p. 168
The Privileges & Immunities Clause and the Problem of Discrimination in Choice of Law	p. 172
Other Constitutional Provisions	p. 177
The Obligation to Provide a Forum	p. 178
Hughes v. Fetter (1951)	p. 178
Tennessee Coal, Iron & R.R. Co. v. George (1914)	p. 181
Recognition of Judgments	p. 185
The Basics of Claim and Issue Preclusion: A Review	p. 186
The Terminology of Preclusion	p. 186
Claim Preclusion	p. 187
The Claim Preclusion Principle Defined	p. 189
The "Same Claim"	p. 189
The "Same Parties"	p. 193
A "Judgment on the Merits"	p. 199
Some Additional Issues	p. 202
Issue Preclusion	p. 206
The Same Issue: What Is an "Issue"?	p. 207
Actually Litigated and Determined	p. 208
Essential to the Judgment	p. 211
Nonmutuality in Issue Preclusion	p. 213
Nonmutuality, Complex and Public Law Litigation, and Class Actions	p. 220
The Limits of Preclusion	p. 228
The Difference Between Preclusion and Precedent	p. 232
Interjurisdictional Preclusion and Full Faith and Credit	p. 234
Full Faith and Credit: Article IV and 28 U.S.C. § 1738	p. 234
The Basic Doctrine: Fauntleroy v. Lum	p. 236
Interjurisdictional Recognition and the Role of State Interests	p. 240
Workers' Compensation: An Exception to Full Faith and Credit?	p. 243
Full Faith and Credit to Judgments Rendered Without Jurisdiction	p. 248
Full Faith and Credit, Real Property, and Jurisdiction	p. 256
Full Faith and Credit to Equitable Decrees	p. 259
Congress's Power to Legislate Pursuant to the Full Faith and Credit Clause and the Problem of "Partial Repeal" of § 1738	p. 263
Conflict of Laws and Domestic Relations	p. 275
Marriage	p. 275
Divorce	p. 281
Ex Parte Divorce and Full Faith and Credit: The Williams Decisions	p. 283
Divorce by Consent	p. 292
Foreign Divorces Not Subject to Full Faith and Credit	p. 297
Dissolution of Same-Sex Marriages and Civil Unions	p. 299
The Incidents of Marriage and "Divisible Divorce"	p. 300
Interstate Recognition of Child Custody Decrees	p. 303
Full Faith and Credit and Domestic Child Custody Decrees	p. 303
International Child Abduction: The Hague Convention	p. 309
Spousal and Child Support Orders	p. 312
The Law Applied in Federal Courts	p. 317
The "Erie Doctrine": An Introduction	p. 317
Why Discuss Erie in a Book on Conflict of Laws?	p. 318
The Three Broad Dimensions of the "Erie Doctrine"	p. 318
"Substance" vs. "Procedure"	p. 319
The Role of the Constitution in the "Erie Doctrine"	p. 320
Federal Courts Sitting in Diversity: Surrogates for State Courts or an Independent Judicial System?	p. 320
The Supreme Court's Messy Line of Decisions, and Not the Logically Consistent Theories of Legal Scholars, Are the Law	p. 321
The Vast Majority of "Erie Decisions" Have Been Rendered by the Lower Federal Courts, Not the Supreme Court	p. 322
The Decision in Erie R.R. v. Tompkins (1938)	p. 322
What Erie Got Rid Of	p. 323
Justice Story and Swift v. Tyson (1842)	p. 327
What Was Wrong (Or Became Wrong) About Swift v. Tyson?	p. 328
The Constitutional Basis of the Erie Decision	p. 330
Taking Stock of Erie	p. 335
The "Erie Doctrine" After Erie: From Klaxon (1941) to Walker (1980)	p. 337
Klaxon v. Stentor (1941)	p. 338
Limitations Periods: Guaranty Trust v. York (1945)	p. 341
More Than Forum Shopping: Byrd v. Blue Ridge (1958)	p. 344
The Role of the Rules Enabling Act: Hanna v. Plumer (1965)	p. 347
Is There an "Unavoidable Conflict"? Walker v. Armco Steel (1980)	p. 350
The "Erie Doctrine" After Walker v. Armco Steel	p. 355
Burlington Northern Ry. v. Woods (1987)	p. 355
Stewart Organization, Inc. v. Ricoh Corp. (1988)	p. 356
Gasperini: A Return to the Byrd Problem?	p. 358
The Latest: Semtek (2001)	p. 360
Federal Common Law After Erie	p. 363
Conflict of Laws in the International Sphere	p. 373
Some Introductory Comments	p. 373
Jurisdiction to Prescribe Under International Law	p. 375
The Presumption Against Extraterritoriality	p. 380
The Aramco Case: Title VII	p. 381
Extraterritorial Application of the U.S. Antitrust Laws	p. 385
The Presumption Against Territoriality as Applied to Other U.S. Laws	p. 392
Why Aren't Aramco and the Other "Extraterritoriality" Cases Treated as Choice-of-Law Cases?	p. 395
The Act-of-State Doctrine	p. 398
The Constitution and the Flag: Extraterritorial Reach of the U.S. Constitution	p. 408
The Status of International Law in American Courts	p. 415
Comparative Choice of Law: Conflicts Law Outside the United States	p. 420
Recognition of Foreign Judgments	p. 423
A Leading Case of Doubtful Modern Authority: Hilton v. Guyot (1895)	p. 423
Libel Tourism: A Case Study in the Recognition and Enforcement of Foreign-Country Judgments	p. 427
Table of Cases	p. 437
Index	p. 443
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