American Conflicts Law

ISBN: 9781571051219

出版社: Brill Academic Pub

出版年: 2001-12

页数: 1024

定价: $ 229.39

装帧: HRD

内容简介

No less than in other jurisdictions worldwide, conflicts law in the US 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 US 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.