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Scoles, Hay, Borchers and Symeonides' Hornbook on Conflict of Laws, 4th (Hornbook Series)

Eugene F Scoles, Peter Hay, Patrick J. Borchers, Symeon C. Symeonides

Book - hardbound

ISBN-13: 9780314146458

Last Updated: 10/22/2004

Availability: In Stock

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$85.00

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Description

Authoritative text deals with interstate and international private litigation, business planning, estate planning, and administration. The text introduces the development and current state of approaches to choice of law. Provides the basics for determining applicable law. Reviews jurisdiction, its limitations, and its special problems. Discusses marriage, property, dissolution, and adoption. Also covers torts, contracts, succession, trusts, probate, corporations, and bankruptcy.

Features

Contains footnote citations to leading court decisions
Summarizes basic principles on conflict of laws

More Information

Table of Contents (PDF) »

Table of Authorities (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Preface
Westlaw Overview
Chapter
1. Introduction: The Subject Defined and Overview
  1. Definitions—Conflict of Laws—Private International Law
  2. Scope of the Subject
2. The Development and Current State of Approaches to Choice of Law
  1. Introduction
  2. A Brief History of European Private International Law
  3. The American Development Prior to the Conflicts Revolution
  4. The Scholastic Revolution
  5. The Second Restatement
  6. The Judicial Revolution
  7. The Evolution of Principled Rules: A Goal for the Future
  8. Conflicts Law Reform in Other Countries
3. Determining the Applicable Law
  1. Introduction
  2. Pervasive Problems
  3. Problems of Federalism: Constitutional Limitations on Choice of Law
  4. Problems of Federalism: State Law in Federal Courts
  5. Problems of Federalism: Federal Common Law
  6. International Treaties
4. Domicile
  1. Introduction—The Use of the Domicile Concept in Conflict of Laws
  2. Preliminary Matters Significant in Considering Domicile
  3. Domicile Compared and Defined
  4. Traditional Requirements for the Acquisition of a Domicile of Choice
  5. Geographic Boundaries of Domicile
  6. Domicile as Affected by Status
  7. Analogous Relationships of Corporate Entities
5. Basic Considerations in Personal Jurisdiction
  1. Introduction
  2. The Development of American Jurisdiction
  3. Traditional Jurisdictional Relationships
  4. New Jurisdictional Relationships
  5. The Need for Statutory Authorization
  6. Other Jurisdictional Issues Compared
  7. Challenging Jurisdiction
  8. Continuing Jurisdiction
6. General Jurisdiction
  1. Introduction
  2. "Satellite" Bases of Jurisdiction
  3. Contacts–Based General Jurisdiction
7. Specific Jurisdiction in Tort Cases
  1. Introduction
  2. Personal Injuries
  3. Injuries to Property
  4. Injuries to Reputation
  5. Economic Injuries
8. Specific Jurisdiction in Contract Cases
  1. Introduction
  2. Insurance Contracts
  3. Franchise and Similar Contracts
  4. Employment and Personal Service Contracts
  5. Purchase and Sale Contracts
  6. Construction Contracts
  7. Leases
  8. Carriage Contracts
9. Specific Jurisdiction in Statutory Cases
  1. Introduction
  2. Environmental Harm
  3. Copyright and Trademark Infringement
  4. Patent Infringement
  5. Employment–Related Statutory Obligations
  6. Securities and Related Statutes
  7. Private Antitrust and Other Unfair Trade Actions
  8. Anti–Fraud Statutes
10. Special Jurisdictional Problems
  1. Introduction
  2. Federal Court Personal Jurisdiction
  3. Class Actions
  4. Special Problems of Jurisdiction Over Business Associations
  5. Pendent Personal Jurisdiction
  6. Foreign States and Instrumentalities
11. Limitations on Jurisdiction
  1. Introduction
  2. Contractual Limitations on Forum Selection
  3. Forum Non Conveniens
  4. Immunities From Service
  5. Other Federal Limitations on State Court Jurisdiction
  6. Native American and Indian Country Limitations
12. Procedure
  1. Notice
  2. Service Abroad of Documents
  3. Taking Evidence Abroad
  4. Admissibility of Evidence: Testimonial Privilege
  5. Proof of Foreign Law
13. Forming Domestic Relationships
  1. Marriage and Other Forms of Domestic Relationships as a Problem in the Conflict of Laws
  2. Law Governing Recognition of Marriage
  3. Unusual Marriages, Same–Sex Marriages and Unions, Contractual Domestic Arrangements
14. Marital Property
  1. Preliminary Policy Observations
  2. Immovables
  3. Movables
  4. Subsequent Intentional Property Transactions
  5. The Separate Property and Quasi–Community Property Concepts
  6. Contractual Modification of the Marital Property Regime
  7. Debts
15. Dissolution of Domestic Relationships and its Consequences
  1. Interstate Recognition of Dissolution Decrees
  2. Annulment in the United States
  3. International Recognition of Dissolution Decrees
  4. Incidents of Divorce Decrees: Support and Custody
16. Legitimation and Adoption
  1. Legitimacy and Legitimation
  2. Adoption
17. Torts
  1. Introduction
  2. Choice–of–Law Approaches to Torts in General
  3. From Rules to Approaches to Rules
  4. Particular Tort Problems
  5. Products Liability
  6. Territoriality and Personality in Tort Conflicts

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	Product Details
	Series: Hornbook Brand: West Law School Pages: 1600 Components: 1 Print Shelf Space: 2 in. Free Update Period: 90 Days Update Frequency: Cumulative Supplement-As needed


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