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8
9
To Our Teachers and Students
10
Summary of Contents
Contents
Preface to the Seventh Edition
Preface to the Second Edition
Acknowledgments
Introduction
Chapter 1. Conflict of Laws: An Overview
Chapter 2. Traditional Approaches to Choice of Law
Chapter 3. Modern Approaches to Choice of Law
Chapter 4. Constitutional Limitations on Choice of Law
Chapter 5. The Jurisdiction of Courts over Persons and Property
Chapter 6. Conflict of Laws in the Federal System
Chapter 7. Recognition of Judgments
Chapter 8. Extraterritoriality of Federal Law
Chapter 9. Choosing Legal Regimes
Chapter 10. Choice of Law in Complex Litigation
Table of Cases
Table of Secondary Authorities
Table of Restatement Sections
Index
11
12
Contents
Preface to the Second Edition
Acknowledgments
Introduction
Chapter 1. Conflict of Laws: An Overview
Problem 1: Male or Female?
Questions and Comments
Problem 2: The Long Arm of the Law
Licra and UEJF v. Yahoo! Inc.
Problem 3: Whose Artwork?
Chapter 2. Traditional Approaches to Choice of Law
A. Torts
1. Nonintentional Torts
Alabama Great Southern Railroad v. Carroll
Selections from the First Restatement of Conflicts, on Wrongs
2. Intentional Torts
Bullard v. MRA Holding, LLC et al.
13
B. Contracts
Selections from the First Restatement of Conflicts, on Contracts
Poole v. Perkins
Linn v. Employers Reinsurance Corp.
An Exercise
C. Domicile
Selections from the First Restatement of Conflicts, on Domicile
White v. Tennant
Rodriguez Diaz v. Sierra Martinez
D. Marriage
Selections from the First Restatement of Conflicts, on Marriage and Legitimacy
Matter of Ranftle
People v. Ezeonu
In re Marriage of J.B. and H.B.
E. Property
Selections from the First Restatement of Conflicts, on Real Property
Burr v. Beckler
Thomson v. Kyle
Selections from the First Restatement of Conflicts, on Personal Property
14
Blackwell v. Lurie
Morson v. Second National Bank of Boston
F. Corporations
Selections from the First Restatement of Conflicts, on Corporations
McDermott Inc. v. Lewis
Irving Trust Co. v. Maryland Casualty Co.
G. Wrinkles in the Theory
1. Characterization
Haumschild v. Continental Casualty Co.
2. Renvoi
In re Estate of Damato
University of Chicago v. Dater
3. Substance vs. Procedure
Selections from the First Restatement of Conflicts, on Procedure
Sampson v. Channell
O’Leary v. Illinois Terminal Railroad
Grant v. McAuliffe
4. Statutes of Limitations
Selections from the First Restatement of Conflicts, on Statutes of Limitations
15
Duke v. Housen
5. Public Policy
Selection from the First Restatement of Conflicts, on Public Policy
Laboratory Corp. of America v. Hood
Holzer v. Deutsche Reichsbahn-Gesellschaft
6. Penal Laws
Selections from the First Restatement of Conflicts, on Penal Laws and Tax Claims
Paper Products Co. v. Doggrell
H. Proof of Foreign Law
Tidewater Oil Co. v. Waller
Chapter 3. Modern Approaches to Choice of Law
A. Introduction
1. The “Choice-of-Law Revolution”: Critical Foundations
2. The Choice-of-Law Revolution in the Courts: The New York Experience
B. Interest Analysis: In Theory and in Practice
1. Theoretical Foundations of Interest Analysis
Currie, Notes on Methods and Objectives in the Conflict of Laws
2. Judicial Applications
a. True Conflicts
Lilienthal v. Kaufman
b. True Conflicts vs. Apparent Conflicts
16
Bernkrant v. Fowler
c. Unprovided-for Cases
Hurtado v. Superior Court
3. Recent Theoretical Criticisms of Interest Analysis
4. A Short Note on Interest Analysis in Other Nations
C. Comparative Impairment
Bernhard v. Harrah’s Club
Kearney v. Salomon Smith Barney, Inc.
D. The “Better Rule”
Leflar, Conflicts Law: More on Choice-Influencing Considerations
Milkovich v. Saari
E. The Restatement Second and the Most Significant Relationship
Phillips v. General Motors Corp.
America Online, Inc. v. National Health Care Discount, Inc.
F. Wrinkles in the Theory
1. Domicile
Reich v. Purcell
17
2. Renvoi
Pfau v. Trent Aluminum Co.
Richards v. United States
3. Substance and Procedure
4. Statutes of Limitations
Ledesma v. Jack Stewart Produce, Inc.
Global Financial Corp. v. Triarc Corp.
5. Public Policy
6. Postscript
Paul v. National Life
G. Statutory Resolution of Choice-of-Law Problems
Salavarria v. National Car Rental System, Inc.
Chapter 4. Constitutional Limitations on Choice of Law
A. Constitutional Limitations on Choice of Law
Home Insurance Co. v. Dick
Pacific Employers Insurance Co. v. Industrial Accident Commission
Watson v. Employers Liability Assurance Corp.
Clay v. Sun Insurance Office, Ltd.
18
Allstate Insurance Co. v. Hague
Phillips Petroleum Co. v. Shutts
Sun Oil Co. v. Wortman
B. The Obligation and the Right to Provide a Forum
Hughes v. Fetter
Wells v. Simonds Abrasive Co.
State of Nevada v. Hall
C. Constitutional Limitations on Interstate Discrimination
Austin v. New Hampshire
G.D. Searle & Co. v. Cohn
D. “Extraterritorial” and “Inconsistent” Regulations
Brown-Forman Distillers Corp. v. New York State Liquor Authority
CTS Corp. v. Dynamics Corporation of America
Chapter 5. The Jurisdiction of Courts over Persons and Property
A. Consent and Waiver
19
1. Consent
Sternberg v. O’Neil
Phillips Petroleum Co. v. Shutts
2. Waiver
Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee
B. Activities as a Basis for Jurisdiction
1. General and Specific Jurisdiction
Helicopteros Nacionales de Colombia, S.A. v. Hall
Burnham v. Superior Court of California
2. Purposeful Availment and Foreseeability
World-Wide Volkswagen Corp. v. Woodson
Kulko v. Superior Court
Asahi Metal Industry Co. v. Superior Court of California
Note on Activities-Based Personal Jurisdiction for Internet Disputes
Goodyear Dunlop Tires Operations, S.A. v. Brown
Daimler AG v. Bauman
20
C. Jurisdiction Based on Property
Shaffer v. Heitner
Sternberg v. O’Neil
Chapter 6. Conflict of Laws in the Federal System
A. The Erie Doctrine
Erie Railroad v. Tompkins
Note: Erie and Substance vs. Procedure
1. Erie and Choice of Law
Klaxon Co. v. Stentor Electric Manufacturing Co.
Ferens v. John Deere Co.
Note: Erie and Choice of Forum
2. Erie and Judgments
Semtek Int’l Inc. v. Lockheed Martin Corp.
B. The Federal Common Law
Clearfield Trust Co. v. United States
Illinois v. City of Milwaukee
21
Chapter 7. Recognition of Judgments
A. Jurisdictional Requirements
Durfee v. Duke
Fall v. Eastin
Kalb v. Feuerstein
B. Substantive Interests of the Enforcing State
Fauntleroy v. Lum
Thomas v. Washington Gas Light Co.
Baker v. General Motors Corp.
Note: The Defense of Marriage Act
Note: Foreign Judgments
C. The Enforcing State’s Law of Judgments
Union National Bank v. Lamb
Watkins v. Conway
Treinies v. Sunshine Mining Co.
D. Domestic Relations: A Special Problem of Judgments
1. Ex Parte “Divisible Divorce”
Estin v. Estin
22
May v. Anderson
Note: Full Faith and Credit and Bilateral Divorce
2. Modifications: Child Custody and Support
Yarborough v. Yarborough
Chapter 8. Extraterritoriality of Federal Law
A. Extraterritoriality of Federal Statutes
1. Territorialism
EEOC v. Arabian American Oil Co.
2. Contacts and Effects
Lauritzen v. Larsen
3. Comity
Hoffman-La Roche Ltd. v. Empagran S.A.
4. International Law of Prescriptive Jurisdiction
United States v. Yunis
United States v. Lawrence
B. Extraterritoriality and the Constitution
Reid v. Covert
United States v. Verdugo-Urquidez
Boumediene v. Bush
23
Chapter 9. Choosing Legal Regimes
A. Contractual Choice of Law
Nedlloyd Lines B.V. v. Superior Court of San Mateo County Seawinds Ltd.
Banek, Inc. v. Yogurt Ventures U.S.A., Inc.
Cook Sign Co. v. Combs
Hall v. Sprint Spectrum L.P.
B. Choice-of-Court Clauses
The Bremen v. Zapata Off-Shore Co.
Carnival Cruise Lines, Inc. v. Shute
America Online, Inc. v. Superior Court of Alameda County
Wong v. PartyGaming Ltd.
C. Arbitration Clauses
1. The Federal Arbitration Act and Arbitrability
Note: Arbitrability
2. Policing the Clauses
AT&T Mobility LLC v. Concepcion
Sabia v. Orange County Metro Realty, Inc.
24
Chapter 10. Choice of Law in Complex Litigation
A. Introduction
B. Approaches to Choice of Law
1. No Choice Necessary
Ferrell v. Allstate Insurance Co.
2. Single Governing Law
Ysbrand v. DaimlerChrysler Corp.
Note on General Consensus Law
3. Multiple Governing Laws
Schnall v. AT&T Wireless Services, Inc.
In re Telectronics Pacing Systems, Inc.
Table of Cases
Table of Secondary Authorities
Table of Restatement Sections
Index
25
Lea Brilmayer, Jack Goldsmith, and Erin O’Hara O’Connor join forces in welcoming you to the seventh
edition of this casebook begun by the late Professor James Martin in 1978. The changes from the sixth edition
are mostly not structural, but involve simply updating the cases and notes to reflect recent developments in the
field. Probably the chapter that required the greatest amount of updating was the one on personal jurisdiction,
where the Supreme Court decided a series of important new cases that contributed greatly to the clarity of the
subject (although not to everyone’s substantive taste!). The central chapters on choice of law, state and
constitutional, have hardly changed; some new cases are included but these are meant simply as better
examples of points that had been made previously in other ways. Finally, the chapter on conflict of laws in the
federal system, which had been omitted in the sixth edition, was reintroduced by popular demand. We hope
that the book continues to meet the needs of teachers in the field and to attract curious students.
Lea Brilmayer
Jack Goldsmith
Erin O’Hara O’Connor
January 2015
26
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Conflict of Laws: Cases and Materials

(Aspen Casebook Series) 7th Edition,

Criminal Law: Cases and Materials [Connected Casebook]

Trapped: Brides of the Kindred Book 29 Faith Anderson

Federal Taxation of Wealth Transfers: Cases and

Business Organizations: Cases, Problems, and Case

Property Law: Rules, Policies, and Practices (Aspen

Contemporary Strategy Analysis and Cases: Text and

Neuroscience for Neurosurgeons (Feb 29,

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Preface to the Seventh Edition

Preface to the Second Edition

Chapter 1. Conflict of Laws: An Overview

Chapter 2. Traditional Approaches to Choice of Law

Chapter 3. Modern Approaches to Choice of Law

Chapter 4. Constitutional Limitations on Choice of Law

Chapter 5. The Jurisdiction of Courts over Persons and Property

Chapter 6. Conflict of Laws in the Federal System

Chapter 7. Recognition of Judgments

Chapter 8. Extraterritoriality of Federal Law

Chapter 9. Choosing Legal Regimes

Chapter 10. Choice of Law in Complex Litigation

Table of Secondary Authorities

Table of Restatement Sections

Preface to the Seventh Edition

Preface to the Second Edition

Chapter 1. Conflict of Laws: An Overview

Problem 1: Male or Female?

Questions and Comments

Problem 2: The Long Arm of the Law

Licra and UEJF v. Yahoo! Inc.

Questions and Comments

Problem 3: Whose Artwork?

Questions and Comments

Chapter 2. Traditional Approaches to Choice of Law

Alabama Great Southern Railroad v. Carroll

Questions and Comments

Selections from the First Restatement of Conflicts, on Wrongs

Bullard v. MRA Holding, LLC et al.

Questions and Comments

Selections from the First Restatement of Conflicts, on Contracts

Linn v. Employers Reinsurance Corp.

Questions and Comments

Selections from the First Restatement of Conflicts, on Domicile

Rodriguez Diaz v. Sierra Martinez

Questions and Comments

Selections from the First Restatement of Conflicts, on Marriage and Legitimacy

Questions and Comments

Questions and Comments

In re Marriage of J.B. and H.B.

Questions and Comments

Selections from the First Restatement of Conflicts, on Real Property

Questions and Comments

Selections from the First Restatement of Conflicts, on Personal Property

Morson v. Second National Bank of Boston

Questions and Comments

Selections from the First Restatement of Conflicts, on Corporations

McDermott Inc. v. Lewis

Irving Trust Co. v. Maryland Casualty Co.