Choice of Law by Symeon C. Symeonides
By Symeon C. Symeonides
Choice of Law offers an in-depth subtle assurance of the choice-of-law half Conflicts legislations (or inner most foreign legislations) in torts, items legal responsibility, contracts, forum-selection and arbitration clauses, assurance, statutes of hindrance, household family, estate, marital estate, and successions. It additionally covers the constitutional framework and conflicts among federal legislations and overseas law.
The booklet explains the doctrinal and methodological foundations of collection of legislation after which specializes in its real perform, studying not just what courts say but in addition what they do. It identifies the rising decisional styles and extracts predictions approximately most probably outcomes.
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7. See P. Hay, P. Borchers & S. Symeonides, Conflict of Laws 9–10 (5th ed. K. Juenger, Choice of Law and Multistate Justice 8–10 (1993) [hereinafter Juenger, Multistate Justice]. 4 i n t roduct ion Thus, the first instinct of the legal mind when confronted with a multistate private-law dispute was one of compromise and eclecticism rather than all or nothing. Instead of choosing the law of one of the involved states, regardless of the outcome such a choice would produce for the particular case, the praetor aimed for the proper outcome by devising the most appropriate substantive solution for the particular case, a solution drawn from the laws of the involved states.
This phenomenon is particularly relevant in tort conflicts. Although cross-border torts are quite common around the world, it is doubtful that courts in other countries encounter cases in which the tort occurs literally at the boundary line. 37 Their frequent occurrence raises the question whether strict adherence to territorial notions makes less sense in the United States than in the rest of the world. Beyond tort conflicts, the relative insignificance of interstate boundaries in the United States explains why American courts encounter many more interstate conflicts than international conflicts and, together, many more conflicts than the courts of any other country.
Administrative proceedings and arbitral awards (as opposed to judgments affirming them) do not qualify. S. 657 (1892). 23. U. Whitten, The Constitutional Limitations on State Choice of Law: Full Faith and Credit, 12 Mem. St. L. Rev. 1. 56–60 (1981). 24. C.