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Civil Rights Legislation: Cases and Materials

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6th Edition
ISBN: 9781632815330
Published: April 13, 2010
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The Sixth Edition of American Conflicts Law: Cases and Materials continues the organizational pattern of the Fifth Edition, along with the problem approach adopted there. However, in Chapters 8, dealing with the Erie doctrine, and Chapter 10, dealing with the topic of personal jurisdiction, there have been extensive updates and additions.

Chapter 8 has been compressed by inclusion of an extensive note following the Supreme Court's decision in Burlington Northern Railroad v. Woods, 480 U.S. 1 (1987). The note traces developments after Burlington Northern and before the Supreme Court's latest decision in Shady Grove Orthopedic Associates v. Allstate Insurance Co., 518 U.S. 415 (2010). The note replaces a number of cases that were formerly reprinted in the casebook and eliminates the tedium of covering those cases in their entirety. Together with problems and additional note material following the Shady Grove case, the new materials provide a comprehensive but eminently teachable package for the topic.

In Chapter 10, four principal cases have been added to update the Supreme Court's continuing activity in the personal jurisdiction area. Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. ___, 131 S. Ct. 2846 (2011) and Daimler AG v. Bauman, 571 U.S. ___, 134 S. Ct. 746 (2013) are the Court's latest decisions in the area of "general jurisdiction." They have been added to the chapter with appropriate note material. In the area of "specific jurisdiction," the Court's recent decisions in McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. ___, 131 S. Ct. 2780 (2011) and Walden v. Fiore, 571 U.S. ___, 134 S. Ct. 1115 (2014), have been added, also with appropriate note material.

Throughout the casebook, the note material has been updated with citations to and discussions of the latest decisions in each topic area covered.

A comprehensive Teacher's Manual contains summaries of the main cases, suggestions about alternative course coverage, and the authors' ideas about coverage of the cases, materials, and problems also is available.

Authors / Contributors

Table of Contents

Chapter 1 INTRODUCTION 

A. THE SUBJECT MATTER OF THE CONFLICT OF LAWS

B. THE ELEMENTS OF THE SUBJECT

C. A BRIEF HISTORY



Chapter 2 CHOICE OF LAW: SOME GENERAL PROBLEMS

A. SELECTING A CHOICE-OF-LAW THEORY

B. CLASSIFYING RULES AS SUBSTANTIVE OR PROCEDURAL

C. CHARACTERIZING THE ISSUES

D. PROTECTING THE FORUM'S PUBLIC POLICY

E. USING DÉPEÇAGE

F. COPING WITH RENVOI

G. ASCERTAINING A PERSON'S DOMICILE

H. PROVING FOREIGN LAW

I. DEALING WITH EXTRATERRITORIAL CONDUCT IN CRIMINAL CASES



Chapter 3 CHOICE OF LAW: SOME CONSTITUTIONAL PROBLEMS

A. THE FULL FAITH AND CREDIT AND DUE PROCESS CLAUSES

B. OTHER CONSTITUTIONAL CLAUSES



Chapter 4 CHOICE OF LAW: TORTS

A. THE TRADITIONAL RULES METHOD

B. THE NEW YORK EXPERIENCE AND APPROACH

C. SECOND RESTATEMENT: THE MOST SIGNIFICANT
RELATIONSHIP

D. LEFLAR'S CHOICE-INFLUENCING CONSIDERATIONS

E. OTHER APPROACHES

F. SPECIAL PROBLEMS: MASS TORTS



Chapter 5 CHOICE OF LAW: CONTRACTS

A. TRADITIONAL APPROACHES

B. SOME MODERN APPROACHES

C. SOME SPECIAL PROBLEMS



Chapter 6 CHOICE OF LAW: PROPERTY, TRUSTS, AND
ESTATES

A. LAND

B. PERSONALTY

C. TRUSTS

D. WILLS AND INHERITANCE

E. DECEDENTS' ESTATES



Chapter 7 FAMILY LAW

A. MARRIAGE AND ITS TERMINATION

B. SUPPORT: DECREES/ORDERS

C. CUSTODY

D. MARITAL PROPERTY



Chapter 8 VERTICAL CHOICE OF LAW

A. THE SWIFT DOCTRINE

B. THE ERIE DOCTRINE

C. HORIZONTAL CHOICE OF LAW UNDER ERIE

D. ASCERTAINING STATE LAW

E. FEDERAL COMMON LAW AFTER ERIE



Chapter 9 JUDGMENTS

A. REVIEW OF BASIC PRECLUSION RULES

B. ENFORCEMENT OF STATE JUDGMENTS

C. ENFORCEMENT OF FEDERAL JUDGMENTS

D. ENFORCEMENT OF FOREIGN NATION JUDGMENTS



Chapter 10 PERSONAL JURISDICTION

A. SERVICE OF PROCESS AND NOTICE

B. FOURTEENTH AMENDMENT RESTRICTIONS ON STATE-COURT JURISDICTION

C. GROUNDS FOR DECLINING JURISDICTION

D. INJUNCTIONS AGAINST EXTRASTATE ACTIONS



Table of Cases

Index