Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.

This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.

Clear, informal, and even humorous, Examples & Explanations: Conflicts of Law, Fourth Edition, explores all topics covered in Conflicts courses, including personal jurisdiction and the Erie doctrine. It covers traditional and modern approaches to choice of law, proof of law, and enforcement of foreign country and sister state judgments. It provides up-to-date coverage of constitutional limits on personal jurisdiction, choice of law, and actions against sister states. Big-picture overviews and accurate statements of rules are reinforced with concrete examples and test-taking tips. The powerful Examples & Explanations pedagogy works especially well for Conflict of Laws where students gain understanding of rules and policies by applying them to new fact patterns. Summaries of leading cases found in most casebooks and a modular organization allows easy adaptation to any course. New to the Fourth Edition: Substantially revised personal jurisdiction chapters to add latest Supreme Court cases New material on full faith and credit and immunity of state governments to suit in sister states in response to recent Supreme Court decisions New material on proof of foreign country law in response to recent Supreme Court decision Additional material on state law proof of law that refers to new developments in state law New examples and explanations that apply most recent changes in law Continued coverage of same-sex marriage rights after Obergefell Professors and students will benefit from: Big picture introductions that provide a helpful road map Accurate summaries of specific rules of law Clear identification of problem areas and legal uncertainties Strategies for answering difficult questions Examples that illustrate practical consequences of rules Explanations that discuss the application of recent Supreme Court decisions

Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.

Written by leading Conflict of Laws scholars, Conflict of Laws: Cases and Materials, Eighth Edition, presents a balanced study of Conflict of Laws, otherwise known as Private International Law. The book begins with a discussion of traditional approaches to choice-of-law problems, both inter-state and international, followed by an examination of how modern courts and commentators have struggled to formulate new and better approaches. The remaining broad topics—constitutional limitations on choice of law, personal jurisdiction, conflicts in the federal system, recognition and enforcement of judgments, extraterritorial application of federal law, choice of legal regimes, and choice of law in complex litigation—are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. New to the Eighth Edition: Addition of new co-author Carlos M. Vázquez, a leading scholar in Conflict of Laws as well as the adjacent fields of International Law and Foreign Relations Law Expanded coverage of Conflict of Laws in the international context, with a focus on the increasingly important topic of extraterritorial application of federal law New Supreme Court decisions on personal jurisdiction and constitutional limits on choice of law Expanded coverage of choice of law in marriage and divorce Discussion of draft Third Restatement of Conflict of Laws Professors and students will benefit from: A balance of historical and recent cases, with problems that test application of case precedents A balance between theoretical and practical aspects of Conflict of Laws, with coverage of state law and comparative perspectives where appropriate Focus on Choice of Law Broader coverage of extraterritorial application of federal law than any leading Conflict of Laws casebook Modern applications to internet disputes, complex litigation, party autonomy, and jurisdictional competition, among other cutting-edge topics

A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.