Conflict of Laws in United States

Conflict of Laws Definition

A contrariety or opposition in the laws of states in those cases where, from their relations to each other, or to the subject-matter in dispute, the rights of the parties are liable to be affected by the laws of both jurisdictions. An opposition or inconsistency of domestic laws upon the same subject. As a term of art, it also includes the deciding which law is in such cases to have superiority. It also includes many cases where there is no opposition between two systems of law, but where the question is how much force may be allowed to a foreign law with reference to which an act has been done, either directly or by legal implication, in the absence of any domestic law exclusively applicable to the case. [1]

Information on private international law cases and courts related to conflict of laws is provided here. Details on private international law books are available here.

Conflict of Laws in the Context of International Disputes

Conflict of Laws is a popular issue in the topic of international civil disputes in the United States.

Conflict of Laws Explained

Conflict of Laws in the Context of International Disputes

Choice of Law in International Civil Litigation

Analysis of the Choice of Law in relation with the Service of U.S. Process on Foreign Persons.

Conflict of Laws Explained

Resources

Notes

This definition of Conflict of Laws is based on the The Cyclopedic Law Dictionary .

See Also

• Abuse of Process
• International Judicial Assistance in Civil Matters
• International Judicial Assistance in Criminal Matters
• International Judicial Assistance in Administrative Matters
• Cross-Border Discovery
• Abroad Evidence
• International conflict resolution
• Federal Courts
• Convention on the Taking of Evidence Abroad
• Taking of Evidence Abroad
• Obtaining Evidence Abroad in Criminal Cases
• Conflict of Laws
• Service of Process

Further Reading (Books)

American Law Institute 1953_1965 Restatement of the Law Second: Conflict of Laws. Tentative Draft Nos. 1_13. Philadelphia: The Institute.

Association of American Law Schools, Committee on Selected Articles on Conflict of Laws 1956 Selected Readings on Conflict of Laws St. Paul, Minn.: West.

Batiffol, Henri (1949) 1959 Traité élémentaire de droit international privé. 3d ed. Paris: Librairie Générale de Droit et de Jurisprudence.

Beale, Joseph H. 1935 A Treatise on the Conflict of Laws. 3 vols. New York: Baker.

Carlston, Kenneth S. 1962 Law and Organization in World Society. Urbana: Univ. of Illinois Press.

Cavers, David F. 1933 A Critique of the Choice-of-law Problem. Harvard Law Review 47:173_208.

Cavers, David F. 1950 The Two “Local Law” Theories. Harvard Law Review 63:822_832.

Cheatham, Elliott E. 1960 Problems and Methods in the Conflict of Laws. The Hague, Academy of International Law, Recueil des cours 99:233_355.

Cheatham, Elliott E.; and Reese, Willis L. M. 1952 Choice of the Applicable Law. Columbia Law Review 52:959_982.

Cheshire, Geoffrey C. (1935) 1965 Private International Law. 7th ed. London: Butterworth.

Cook, Walter W. 1942 The Logical and Legal Bases of the Conflict of Laws. Harvard Studies in the Conflict of Laws, No. 5. Cambridge, Mass.: Harvard Univ. Press.

Currie, Brainerd 1963 Selected Essays on the Conflict of Laws. Durham, N.C.: Duke Univ. Press.

Ehrenzweig, Albert A. 1962 A Treatise on the Conflict of Laws. St. Paul, Minn.: West. _ The first part is a revised edition of a work first published in 1959 as Conflict of Law.

Huber, Ulrich (1689) 1937 De conflictu legum. Pages 64_78 in British Yearbook of International Law: 1937. Oxford Univ. Press. _ Text in English and Latin.

Jenks, C. Wilfred 1958 The Common Law of Mankind. New York: Praeger.

Further Reading (Books 2)

Jessup, Philip C. 1956 Transnational Law. New Haven: Yale Univ. Press.

Katzenbach, Nicholas deB. 1956 Conflicts on an Unruly Horse: Reciprocal Claims and Tolerances in Interstate and International Law. Yale Law Journal 65:1087_1157.

Kegel, Gerhard (1960) 1964 Internationales Privatrecht: Ein Studienbuch. 2d ed., rev. Munich: Beck.

Lorenzen, Ernest G. (1910_1945) 1947 Selected Articles on the Conflict of Laws. New Haven: Yale Univ. Press.

McDougal, Myres S.; and Feliciano, Florentino P. 1961 Law and Minimum World Public Order: TheLegal Regulation of International Coercion. New Haven: Yale Univ. Press.

Morelli, Gaetano (1946) 1962 Elementi di diritto internazionale privato italiano. 7th ed. Naples (Italy): Jovene.

Niboyet, Jean P. 1938_1949 Traité de droit international privé français. 6 vols. Paris: Sirey.

Nussbaum, Arthur 1943 Principles of Private International Law. New York: Oxford Univ. Press.

Rabel, Ernst 1945_1958 The Conflict of Laws: A Comparative Study. 4 vols. Ann Arbor: Univ. of Michigan Press. _ A second edition is in progress.

Reese, Willis L. M. 1963 Conflict of Laws and the Restatement Second. Law and Contemporary Problems 28:679_699.

Savigny, Friedrich K. von (1849) 1880 Private International Law and the Retrospective Operation of Statutes: A Treatise on the Conflict of Laws 2d ed. Edinburgh: Clark. _ First published in German.

Story, Joseph (1834) 1883 Commentaries on the Conflict of Laws, Foreign and Domestic in Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgements. 8th ed. Boston: Little.

Symposium on New Trends in the Conflict of Laws. 1963 Law and Contemporary Problems 28:673_869.

Voet, Johannes (1698_1704) 1955_1958 The Selective Voet: Being the Commentary on the Pandects. 8 vols. Translated with explanatory notes by Percival Gane. Durban (Union of South Africa): Butterworth. _ First published in Latin. Includes a supplement by Johannes van der Linden.

Further Reading (Articles)

Wengler, Wilhelm 1961 The General Principles of Private International Law. The Hague, Academy of International Law, Recueil des cours 104:273_469.

Westlake, John (1858) 1925 A Treatise on Private International Law, With Principal Reference to Its Practice in England. 7th. ed. London: Sweet & Maxwell.

Wolff, Martin (1945) 1950 Private International Law. 2d ed. Oxford: Clarendon.

Wortley, B. A. 1954 The Interaction of Public and Private International Law Today. The Hague, Academy of International Law, Recueil des cours 85:239_342.

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