Conflict of Laws

A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.

This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated.

Leashing the Dogs of War: Conflict Management in a Divided World

Since Turbulent Peace was first published in 2001, the international landscape has changed profoundly. Leashing the Dogs of Warreplaces its well-established predecessor as the definitive volume on the sources of contemporary conflict and the array of possible responses to it. The authors--more than forty of the most influential and innovative analysts of international affairs--present multiple perspectives on how best to prevent, manage, or resolve conflicts around the world.

Leashing the Dogs of War assesses the nature and extent of the changes wrought by 9/11 and its aftermath, and explores their wide-ranging implications. For the United States, of course, the changes have been dramatic. It has engaged in a war on terrorism and has become both a third party in certain conflict arenas and a direct party to the conflict in Iraq and Afghanistan. But these events have also affected other actors, from the United Nations to humanitarian NGOs to collective defense and security organizations such as NATO and the OSCE.

At the same time, some things have not changed. Failed states, economic stagnation, weapons proliferation, nuclear missiles, and identity-based conflicts continue to threaten global security. Looking at the combination of old and new threats, are traditional instruments of negotiation, mediation, peacekeeping and peace enforcement still effective in managing and resolving conflict? How do conflict management efforts and the campaign against terrorism interact in various security environments? Are our institutions--be they states, coalitions of the willing, international organizations, or NGOs--capable of creating and implementing a peacemaking strategy? All these questions are addressed in this new volume.

Ain't Nobody's Business if You Do: The Absurdity of Consensual Crimes in a Free Society

Currie, Kay, Kramer and Roosevelt's Conflict of Laws: Cases and Comments

The Seventh Edition continues the tradition of organizing the teaching of conflicts around the broad themes reflected in different intellectual approaches to the problem. Part I builds a model for interjurisdictional conflicts in the context of state to state choice of law issues. Part II extends that model to a variety of related problems, including judicial jurisdiction, recognition and enforcement of judgments, family law issues, federal state conflicts, and problems in international law. Developments in the case law have been updated, as have references to the secondary literature. The section on complex litigation has been reworked, and a new section has been added on conflicts in cyberspace.

Lawyers Crossing Lines: Nine Stories

This book is a collection of true stories about lawyers who broke the rules ended up being sued for malpractice, disbarred, or prosecuted. Intended as supplemental reading for students in professional responsibility, ethics, or lawyering classes, it contains stories that come directly from the courtroom, revealing the gritty realities of lawyers in trouble. Each narrative was selected by several criteria: whether it raised significant issues of legal ethics; whether it would lend itself to good classroom discussion; and whether there was an interesting tale to be drawn from the trial record. The stories make fascinating and memorable reading and are an effective tool for conveying the principles of legal ethics and responsibility. This unique book - no other book on professional responsibility takes Kelley's storytelling approach - will be an important addition to the field.

Commentary on the Conflict of Law, 2007 Supplement (University Textbook)

This is the 2007 Case Supplement to Weintraub's Commentary on the Conflict of Law, 5th Edition

Casenote Legal Briefs Conflicts: Keyed to Currie, Kay, Kramer, and Roosevelt, 7e (Casenote Legal Briefs)

Gilbert Law Summaries: Conflict of Laws

Gilbert Law Summaries are America's best selling outlines and have set the standard for excellence since they were introduced more than thirty-five years ago. It's Gilbert's unique combination of features that makes it the one study aid you'll turn to for all of your study needs! Walk into class prepared with a comprehensive outline of the law, a concise capsule summary perfect for a quick review before class, charts of every kind, a text correlation chart so that you can match your specific reading assignment to the relevant pages in the Gilbert outline, and an index and table of cases. Ace your final exams with a step-by-step approach to attack your exam, exam tips, and sample multiple choice, true-false, and essay questions.

Conflict of Laws (Hornbook Series and Other Textbooks)

Authoritative text deals with interstate and international private litigation, business planning, estate planning, and administration. The text introduces the development and current state of approaches to choice of law. Provides the basics for determining applicable law. Reviews jurisdiction, its limitations, and its special problems. Discusses marriage, property, dissolution, and adoption. Also covers torts, contracts, succession, trusts, probate, corporations, and bankruptcy.

Black Letter on Conflict of Laws, Fifth Edition (Black Letter Outline)

Intended to assist students in reviewing all aspects of procedural and substantive law that bear upon multi-state and International cases, such as jurisdiction of courts, federal/state court problems, recognition of judgments, pervasive problems of characterization and public policy, and approaches and solutions to choice-of-law problems by subject matter. Contains extensive review questions and model exam questions (with model answers), as well as numerous tables cross-referencing its coverage to all major casebooks in law school use and to Scoles and Hay's Hornbook Conflict of Laws, 3d.