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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Choice of Law

ISBN13: 9780190496722
Published: May 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £170.00

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Choice of Law provides an in-depth study of private international law (PIL) as it pertains to the United States. In this book, Symeon C. Symeonides focuses entirely on Choice of Law pertaining to the question of whether the merits of the dispute will be resolved under the substantive law of the state of adjudication (lex fori), or under the law of another involved state.

Structured in three parts, this book discusses the Federal framework, history, doctrine, methodology, and the practice of choice of law.

The author begins with the history of choice-of-law doctrine and follows its subsequent evolution to the present. He then moves on to methodology, and extensively explores the case law of the last fifty years, covering what courts say, and especially what they do. Symeonides goes on to identify emerging decisional patterns and extracts descriptive rules or tentative predictions about likely outcomes.

Other Jurisdictions , USA
List of Tables
List of Charts, Figures, and Maps
List of Abbreviations
Chapter 1. Introduction

Part I. The Federal Framework
Chapter 2. Federalism and Choice of Law

Part II. History, Doctrine, and Methodology
Chapter 3. Early Choice-of-Law Doctrine and the Traditional System
Chapter 4. The Structure of Choice-of-Law Rules and the Operation of the Choice-of-Law
Chapter 5. The Choice-of-Law Revolution: Theoretical Groundwork
Chapter 6: The Judicial Revolution in Torts and Contracts
Chapter 7. The Choice-of-Law Revolution Today: Methodological Pluralism

Part III. Choice of Law in Practice
Chapter 8. Torts
Chapter 9. Products Liability
Chapter 10. Contracts
Chapter 11. Forum Selection Clauses and Arbitration Clauses
Chapter 12. Insurance Conflicts
Chapter 13. Statutes of Limitation
Chapter 14. Status and Domestic Relations
Chapter 15. Property, Marital Property, and Successions
Chapter 16. Conflicts between Federal Law and Foreign Law

Part IV. Conclusions
Chapter 17. The Next Step
Appendix: List of choice-of-law codifications, EU regulations, and conventions
Table of Cases