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Conflict of Laws  

This research guide covers choice of law resources (online and print), plus private international law and Lynn Wardle articles.
Last Updated: Jun 18, 2015 URL: http://lawlibguides.byu.edu/conflicts Print Guide RSS Updates

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Recommended Legal Resources for Conflict of Laws

Cover Art
Conflict of Laws (Black Letter Outline) - Peter Hay
Call Number: Reserve Reading Room KF 412 .H39 2009
Publication Date: 2009
Current edition must be used on-site. Older editions may be available in the main collection.

This study guide includes a 25-page capsule summary, deeper explanations and analysis, review questions (with answers) after each of the 12 chapters, case citations, and sample exam questions. Written by a Conflict of Laws casebook co-author.

This is also an excellent hornbook. “While many conflicts problems can be resolved through negotiation, mediation, or arbitration, most of them end up in litigation. In planning for this eventuality, or when forced to confront it, parties involved in multistate activity should keep in mind three major questions: (1) Where can or should litigation be initiatied? (2) Which law will the court apply? and (3) Where can the resulting judgment be enforced? These three questions correspond to the three consecutive phases that comprise the process of judicial resolution of most conflicts problems, namely: (1) jurisdiction; (2) choice of law; and (3) recognition and enforcement of judgments. In the United States and other common-law systems, these are also the three major divisions of the law of Conflicts of Laws. The organization of this book follows these three divisions.” [page 3]

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American Private International Law - Symeon Symeonides
Call Number: KF 411 .S98 2008
Publication Date: 2008
This treatise covers Conflict of Laws within the United States, including both conflicts among the laws of the fifty U.S. states (interstate conflicts) and between state or federal laws and those of foreign countries (international conflicts).

Restatement of the Law, Second: Conflict of laws, 2d. - American Law Institute
Call Number: Reserve Reading Room KF 395 .R42 .C68 1971- V.1-7
Publication Date: 1971-
Title must be used on-site.

This influential work seeks to summarize the many disparate approaches in American courts towards Conflict of Laws. The 14 chapters in volumes 1-2 cover general principles, domicile, judicial jurisdiction, limitations on jurisdiction, judgments, procedure, wrongs (torts), contracts, property, trusts, status (marriage, legitimacy and adoption), agency and partnerships, business corporations, and administration of estates. Court citations (1934-present) to First and Second Restatements are given in volumes 3-7. [Westlaw has full-text of restatements of conflicts first and second, plus revisions and links to case citations in database: REST-CONFL.]

Federal Practice and Procedure - Charles Alan Wright
Call Number: Reserve Reading Room KF 9619 .W7 V.19 1996
Publication Date: 1982-
Volumes must be used on-site.

Covers choice of law issues in the U.S. federal courts, specifically jurisdiction and related matters, the Erie Doctrine, and “federal common law.”

The American Journal of Comparative Law
Call Number: Legal Periodicals K 1 .M442 V.38
Publication Date: 1952-

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