9) Even if the first year students of 1909-1910 had no basic comprehension of Conflict of Laws
as an area of study, the Harvard Law Review of that year made sure that the subject was "in their face".
85) Both theories--the down-linking and up-linking--are not rules of conflict of law
, but they are considerations or assumptions made about the place where the act of transmission is considered to have taken place; however, the result that both assumptions produce is ultimately highly related to questions of choice of law.
could be used in deciding an impending conflict of laws
RONALD HARRY GRAVESON, CONFLICT OF LAW
, PRIVATE INTERNATIONAL LAW 7-8
This is hardly surprising given the general difficulties in locating within the Civilian structure of the conflict of laws
the equitable causes of action, which are a peculiar feature of the common law system.
Klaxon (131) is the choice-of-law sequel to Erie, holding that "in diversity cases the federal courts must follow conflict of laws
rules prevailing in the states in which they sit.
While the New York Court of Appeals tries to mask its rejection of such an approach under the cloak of Babcock, where New York abandoned the rule of lex loci delicti for a more complex rule that more adequately considered the various jurisdictional interests involved in a lawsuit, (91) this approach--to presumptively use the law of the locus or in the case of the Restatement (Second) of Conflict of Laws
(92)--to presumptively use the place of the wrong--is essentially identical to that of the third catch-all Neumeier rule used in New York.
either through application of a national law (whether explicitly chosen by the parties or on the basis of the conflict of laws
rule), which has incorporated Lex Mercatoria or 2.
Part I analyzes the relevant historical background and development of the two prevailing choice of law methodologies for tort cases--the traditional rule of lex loci delicti of the First Restatement of Conflict of Laws
(16) and the "most significant relationship" rule of the Second Restatement of Conflict of Laws
There, she received the American Jurisprudence Prize Award in Conflict of Laws
The engine driving the potential for policy disputes is the lex loci celebrationis (or "the law of the place of the celebration") rule in the conflict of laws
One impetus for the changes to the 1984 Uniform Fraudulent Transfer Act (UFTA), now the 2014 Voidable Transactions Act (UVTA), the first in 30 years, was the need to address conflict of laws
in fraudulent transfer litigation.