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Annual Survey of American Choice-of-Law Cases for 2018
Symeon Symeonides‘ Annual Survey of American Choice-of-Law Cases for 2018, now in its 32nd year, has been posted on SSRN. A summary of the contents is reproduced below. If you are interested in the Survey, you can download it by clicking here.
If you are interested in the Private International Law Bibliography for 2018, you can download it from SSRN by clicking here.
Symeon sends his best wishes for the New Year, and I concur.
Table of Contents
Introduction
I. The Extraterritorial Reach of Federal Law
A. The Alien Tort Statute
B. The Fourth and Fifth Amendments and Cross-Border Shootings
C.-M. Other Federal Statutes
II. Choice of Law
A. Proof of Foreign Law
B. Anti-Foreign Law Amendments
C. Choice-of-Law Methodology
D. Contracts
1. Contracts with Choice-of-Law Clauses
a. Choice of Procedural or Conflicts Law
b. Choice-of-Law Clauses and Statutes of Limitation
c. Plain Choice-of-Law Clauses
d. Choice-of-Law and Forum-Selection Clauses
e. Choice-of-Law and Arbitration Clauses
2. Contracts without Choice-of-Law Clauses
E. Torts
1. Common Domicile Cases
2. Cross-Border Unfair Trade Practices
3. Other Torts
F. Products Liability
G. Statutes of Limitation
H. Insurance Conflicts
I. Nazi-Looted Art
J. Domestic Relations
1. Marriage and Divorce
2. Marital Property
3. Adoption and Succession
4. Child Custody and the Hague Convention
III. Recognition of Foreign Judgments and Awards
A. Foreign-Country Judgments
B. Sister-State Judgments
C. Foreign Arbitral Awards
Conflict of Laws Panel at the AALS Conference in New Orleans, Jan 4, 2019
The American Association of Law Schools will hold its annual conference in New Orleans this year, from January 2-6. In this conference, the meeting of the Conflict of Laws Interest Group will be on Friday January 4, 8:30-10:15. (Yes, early.) The topic is the new Hague Judgments Convention (the draft Convention is here.) Speakers will include Louise Ellen Teitz (Rhode Island University) with a view from the Hague, Trey Childress (Pepperdine/State Dept) with a view from the State Department, and John Coyle (UNC) with a view from academia. I will chair. The remarks will be published later in the Duke Journal of Comparative and International Law, but if you are at the AALS Conference, please do come and discuss there!
Luxemburg, 22 January 2019: Conference on Third-Party Effects of Assignments of Claims
On 22 January 2019, the Arendt House (Luxembourg) will host a conference organised by The Luxembourg Association of Law Graudates of the University of Louvain (UCL) and the Law Review Le droit des affaires – Het ondernemingsrecht (DAOR) on the Proposal for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims.
The conference will be chaired by Prof. Marie-Elodie Angel (University Paris Est Créteil, UPEC). Speakers, who will discuss assignment of claims, security rights and securitisation, include Prof. Denis Philippe (Philippe & Partners; University of Louvai), Grégory Minne (Arendt & Medernach; University of Luxembourg) and Jean-Paul Spang (Kleyr Grasso; University of Luxembourg).
The conference will be in French without translation into English.
Details are available here.