American Conflicts Law: Cases and Materials, Fourth Edition, 2004
The late Luther L. McDougal III
Robert L. Felix, James P. Mozingo, III, Professor of Legal Research, University of South Carolina School of Law;
Ralph U. Whitten, Professor of Law, Creighton University School of Law
Availability: In Stock
Publisher :Matthew Bender
Format:
BOOK
ISBN: 9780820559933
2004
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The structure and order of American Conflicts Law emphasizes "choice of
law" as the dominant theme. The following materials are covered in the Fourth Edition of this casebook:
- Chapter 1 provides a general introduction to the course without enmeshing students in details and complexities better provided in later "substantive" chapters.
- Chapter 2 introduces the general problems in choice of law and the variety of conflicts methods utilized in the United States.
- Chapters 3 through 6 reflect the traditional division of choice-of-law cases into subject matter areas: Torts; Contracts; Property; and Family Law. This traditional organization is important because the results in cases under the modern approaches change depending on relevant community policies, interests, and considerations applicable to particular areas of the law.
- Constitutional issues, the Erie doctrine, Judgments, and Personal Jurisdiction are treated in Chapters 7 through 10, respectively. This reflects the view of the authors and other Conflicts teachers that choice of law should represent the dominant theme of Conflict of Laws.
- Vertical choice of law (Erie) is given separate, expanded treatment in Chapter 8.
- Judgments are addressed in Chapter 9.
- Finally, Chapter 10 continues to present a thematic treatment of personal jurisdiction to reflect developments, primarily in the modern evolution of standards restricting state-court jurisdiction under the Due Process Clause of the Fourteenth Amendment.
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