The authors of the fifteenth edition are proud of the book's
heritage, which dates to 1936. At the same time, they are mindful
of the needs of students and professors addressing the Conflict of
Laws eight decades later. We have added the subtitle "Private
International Law" to acknowledge the more common title of the
subject outside the U.S., as well as to alert students that they
will face a blend of domestic and international issues once they
become lawyers. As an intellectual matter, the conflicts course
presents rich and nuanced doctrine. As a professional matter, every
litigator will face issues raised in this course. As a practical
matter, an increasing number of students are drawn to the course
because it is tested on the bar exam in every state that has
adopted the universal bar exam or the multistate essay exam. The
authors recognize the need, therefore, to provide appropriate
review of civil procedure to allow the student to transition to the
study of conflicts. A modern conflicts casebook must be flexible.
Some professors will choose to cover a great deal of international
and comparative law. Others, however, will prefer to address
conflicts only in the domestic sphere. This edition fully supports
either (or some middle) approach. The professor may comfortably
choose how much international and comparative material to cover
without losing transition or context. Some highlights of the
fifteenth edition: Chapter 2 has been shortened and honed to drive
home the significance of domicile and the complementary concept of
habitual residence, including a new note on domicile and devolution
of real property. Chapter 3, concerning personal jurisdiction, has
been sharpened by trimming notes in light of current developments.
There is a new note on "Effects" Jurisdiction, which addresses
Calder and Keeton as a prelude the Supreme Court's most 2014
decision in Walden v. Fiore. In the section on general
jurisdiction, Daimler replaces Goodyear as a principal case, and
students are invited to consider how the constriction of general
jurisdiction may impose increasing demands for expansion of
specific jurisdiction. Chapter 4 pulls together everything that
bears on limiting a court's exercise of jurisdiction that it
otherwise has. This includes forum selection agreements in
interstate and international transactions, antisuit injunctions,
dismissals (or denials of motions to dismiss) in cases of parallel
litigation (lis pendens) or on the ground of forum non conveniens,
and federal transfer. Chapter 5 treats a number of questions often
not addressed in depth in the first-year procedure course. For
instance: what is a "judgment" for purposes of recognition –
administrative decrees, equity decrees, modifiable support orders?
How conclusive is a judgment on a second court – comparing
Treinies with the 2010 SPEECH Act requiring review of foreign
country awards for libel? Does public policy play a different role
in the case of foreign than in interstate judgments? Can
non-parties benefit or be bound: what about "virtual
representation" or non-mutual collateral estoppel? What are the
mechanisms for the recognition and enforcement of domestic and of
foreign-country judgments in the United States? Chapter 6,
concerning the impact of the Constitution, has been streamlined to
enhance "teachability." The 2016 opinion in franchise tax Board
versus Hyatt is now included as a principal case. Chapters 7 and 8
present the central themes of choice of law. Both have been updated
substantially. Chapter 8 has been considerably revised to show the
progression from the traditional system, to the height of the
conflicts revolution, to a developing consensus to consolidate
modern analysis in a manner that provides more predictability and
certainty. This revision is designed to give students — most of
whom have little or no familiarity with choice of law doctrine —
a better view of the state of U.S. Law. Chapter 8 is also divided
into several subsections, allowing the teacher freedom to omit
portions of it if desired. Chapter 9 addresses conflicts problems
in the domestic and international settings. In keeping with the
overall theme of flexibility, the professor may assign specific
sections to engage a greater or lesser degree of review of Erie as
well as a greater or lesser degree of international coverage.
Chapters 10 through 13 cover particular subjects such a property,
family law, and corporate law for professors who desire to go into
these subjects in more depth. Recent changes in the law
particularly affect Chapter 11 on Family Law. That chapter first
briefly explores the place of celebration rule (also with respect
to religious marriages), treats same-sex marriages and registered
unions in the light of Obergefell with particular reference to
property and inheritance interests, updates the material on divorce
(including religious divorces), expands the treatment of child
custody and of interstate and international child abduction, and
updates the enforcement of maintenance obligations under interstate
uniform law and the Hague Convention. Finally, a Documentary
Appendix provides the principal legislative acts of the European
Union with respect to jurisdiction in civil, divorce, and custody
matters as well as with respect to choice of law in contract, tort,
and divorce, in each case with extensive textual commentary. Notes
in the main text refer to these materials, allowing an instructor
to teach the material comparatively or to focus only on American
law. The European materials all lend themselves for use in a
seminar.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!