Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 30
Book Description
Dickie V. City of Tomah
Author: Choice of Law for American Courts
Author: Edwin S. FruehwaldPublisher: Bloomsbury Publishing USA
ISBN: 0313074224
Category : Law
Languages : en
Pages : 182
Book Description
This study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law. In the early 20th century, there was a fairly-uniform multilateralist method of choice law. In the 1920s and 30s, however, scholars adn courts began to reject this method. Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy. Currently, state courts use four different approached to choice law with numerous material variations. This study rejects these approaches on normative, constitutional, and practical grounds. Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states. The study also argues that such an approach should satisfy a constitutional standard that requires a court not choose one state's law when another state has a significantly closer connection to controversy. The proposed method consists of two parts. The first part determines the states that have created legal relations applying to the dispute. When more than one state has created a legal realtions applying to the dispute. When more than one state has created a legal relation that applies to the controversy, the second part adopts the law of the state that had the closest connection. The study then applies the suggested method to numerous choice of law problems.
Bassler-Harsch V. Eisenberg
Author: West's Federal Practice Digest 4th
Author: Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 680
Book Description
West's Federal Practice Digest
Author: Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 778
Book Description
Just Compensation
Author: Henry J. KaltenbachPublisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 174
Book Description
West's Wisconsin Statutes Annotated
Author: WisconsinFederal Practice and Procedure
Author: Charles Alan WrightPublisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 842
Book Description
Faigin V. Doubleday Dell Publishing Group, Inc
Author: Nichols on Eminent Domain
Author: Julius L. SackmanPublisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 1330
Book Description