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Topic: Choice of law

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In the News (Mon 17 Jun 19)

  Choice of law - Wikipedia, the free encyclopedia
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces.
Thus, under some laws, the status of illegitimate affects the rights of inheritance in the case of an intestacy, etc. As to corporations, the choice of law rule is the law of incorporation (the lex incorporationis) for all matters of capacity, validity, shareholders' rights, etc.
The choice of law rules for contracts are more complicated than the law affecting other obligations because they depend on the express or implied intentions of the parties and their personal circumstances.
en.wikipedia.org /wiki/Choice_of_law   (1579 words)

 Choice of law clause - Wikipedia, the free encyclopedia
A choice of law clause or proper law clause in a contract is one in which the parties specify which law (i.e.
But, if the laws are sufficiently different that the judgment will change depending on which law the court applies, the issue of choice of law becomes highly significant.
The choice of law provisions for tort or trust issues may lead to the application of different laws as the lex causae (the law of the issue).
en.wikipedia.org /wiki/Choice_of_law_clause   (834 words)

 Choice Law
For example, courts will often times not apply a choice of law clause that is penal in nature, or enforce a choice of law clause that is used to avoid the mandatory law of the jurisdiction that would otherwise govern.
The choice of venue in an agreement simply refers to the geographical location where dispute resolution proceedings are to be held in case of a contractual dispute.
For example, if the choice of forum in a contract designates that all disputes are to resolved by the courts in Barbados and if the only place that such courts hold hearings is Bridgetown, Barbados, then the choice of forum has indirectly also determined the choice of venue for this particular agreement.
www.heydary.com /publications/choice-law.html   (864 words)

This feasibility of free choice of law, and this is the crucial point, holds also true with respect to mandatory national contract law.
Hence, if the contract law of either Austria or Virginia or even of both countries contained a mandatory provision banning a certain contractual arrangement, the parties would be free to choose the laws of a third country that would not provide for a similar constraint.
Closer observation, however, reveals that choice of law still remains possible in some meaningful sense: On the one hand, the parties may choose the venue of their litigation and determine thereby, in an international context, also the applicable procedural law.
www.gmu.edu /jbc/fest/files/lewisch.htm   (3168 words)

 Choice of Law in Contract and Thai Private International Law: A Comparative Study
It is widely accepted that choice of law in contract is one of the most fascinating and complicated topics in private international law(1).
The first is that the parties agree to choose a definite foreign substantive law as an applicable law governing the contract concluded between the parties concerned, know to legal scholars as a principle of party autonomy, autonomie de la volonte in French or parteiautonomie in German.
The principle of the autonomy of contracting parties, or the lex voluntalis (9), which is conceived as dispositivum not jus cogens, well established by the practices of Supreme Courts in western countries (10), is a cardinal rule of choice of law in contract(11).
www.thailawforum.com /articles/choiceoflaw.html   (1102 words)

 Law Students for Choice
Law Students for Choice is a national nonprofit network of law students and lawyers.
On law school campuses throughout the nation, our activism events are raising awareness of the breadth of issues encompassed by reproductive rights, helping to broaden the discourse beyond the debate over access to safe, legal abortion.
Law Student Directors are appointed through an application process by other Board members to serve one-year terms and may serve two consecutive terms, if re-appointed by the Board.
www.lawstudentsforchoice.org   (1295 words)

 Conflict of Laws & Choice of Law - MegaLaw.com
Choice of Law in the American Courts in 2000: As the Century Turns - By Symeon C. Symeonides.
Choice of Law: New Foundations - By Andrew Guzman.
Choice of Law and the Forgiving Constitution - By Gene R. Shreve.
www.megalaw.com /top/conflictoflaws.php   (838 words)

 Deferring to Contractual Choices of Law
It then discusses the conditions under which a consumer's contractually-selected choice of law should be deferred to, and provides suggested additional protective actions that businesses may want to consider to reduce the overall need for local jurisdictions to assert their prerogatives to protect local consumers.
Given the confusion and uncertainty in current choice of law theories and the likelihood that the problems created by this confusion will only be exacerbated in the context of ecommerce, we need to look for a new solution that takes into account the nature of the Internet.
Blind deference to parties' choices of law and fora, therefore, is not a sustainable or justifiable outcome.
www.kentlaw.edu /cyberlaw/docs/drafts/crawford.html   (5174 words)

 Amazon.ca: Choice of Law for American Courts: A Multilateralist Method: Books: Edwin Scott Fruehwald   (Site not responding. Last check: 2007-10-08)
This study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law.
Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy.
Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states.
www.amazon.ca /Choice-Law-American-Courts-Multilateralist/dp/0313317534   (455 words)

 Choice USA, LSFC and MSFC announce coalition   (Site not responding. Last check: 2007-10-08)
Law Students for Choice (LSFC), a new student-driven organization dedicated to training emerging legal advocates in reproductive rights law, is organizing its activists at schools across the country to volunteer as polling monitors on Election Day.
Medical Students for Choice, a national organization that works for the inclusion of abortion procedures in medical school curricula, is committing their resources to the coalition as well.
Law Students for Choice is a new, student-driven national organization committed to increasing education and professional training in reproductive rights law.
www.choiceusa.org /about/press.php?id=170   (620 words)

 James A. Meschewski, Choice Of Law In Alaska: A Survival Guide For Using The Second Restatement, 16 Alaska L. Rev. 1 ...   (Site not responding. Last check: 2007-10-08)
Although the court applied the law of the place where the married couple was domiciled and directed acerbic criticism at the lex loci delicti approach, it did not formally adopt the methodology of the Second Restatement for future choice of law determinations.
Consequently, for a given issue, the laws of a jurisdiction implicated by the applicable presumptive section may be trumped by the laws of a jurisdiction determined by the court as possessing a more significant relationship to the parties and the tortious occurrence or contractual relationship involved in the dispute.
The court then engaged in a choice of law analysis to determine whether it should apply the law of Alaska or Louisiana, without ever discussing the content of those laws or whether the laws even differed on the issue of liability.
www.law.duke.edu /journals/alr/articles/alr16p1.htm   (12246 words)

 Law 619 | Electronic Commerce | Fall 2001
The TOS and the relationship between you and Yahoo shall be governed by the laws of the State of California without regard to its conflict of law provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
One debate (the terms of which are not limited to choice of law principles) has been the extent to which the rise of eCommerce justifies new choice of law principles.
www.law.upenn.edu /fac/pwagner/law619/f2001/week05/choice_of_law.html   (1894 words)

 School Choice, The Law, And The Constitution
As school choice victories multiply in the state legislatures, opponents of choice are forced to resort to the judicial arena.
Opponents of school choice have pointed to two features of the Title I compensatory education program acknowledged by the Supreme Court in Agostini: that the teachers are not allowed to engage in religious instruction, and that no public funds are transmitted from the government to religious schools.
School choice advocates should do all they can to make their programs bulletproof; and even then, they are likely to have to endure two or more years of litigation and uncertainty.
www.leaderu.com /common/sch-choice.html   (3867 words)

 Choice of Law in Internet litigation   (Site not responding. Last check: 2007-10-08)
Which state's law the court uses to arrive at the judgment, however, is a question of choice of law (also called conflict of laws).
Choice-of-law issues should be a central feature in a civil case where state law applies, which may affect the result: The statute of limitations, statute of fraud, or whether punitive damages are available -- all depend on which state's law is used.
Restatement of Conflict of Laws §§ 311-331, 355-372.
kicon.com /nhien/choice.htm   (1347 words)

 'IBM v. Bajorek' - Choice of Law and No-Compete Clauses
While the IBM case turned on a conflict-of-laws point, the conclusion as to choice of law was based on the Court of Appeals' underlying interpretation of California law and public policy toward no-compete agreements.
(b) application of the law of the chosen state would be contrary to a fundamental policy of a state which has a materially greater interest than the chosen state in the determination of the particular issue and which...
would be the state of the applicable law in the absence of an effective choice of law by the parties.
www.jebachelder.com /articles/991029.html   (2004 words)

 Tampabay: Law risk to choice, court told   (Site not responding. Last check: 2007-10-08)
When the choice phase-in period expires at the end of the 2007-08 school year, the district hopes Pinellas families will have developed a habit of integrating in schools voluntarily.
The choice plan is the result of negotiations between the district and the NAACP Legal Defense Fund as both sides looked for a way to achieve integrated schools without busing.
The choice plan was part of a larger court order governing how the district would work to improve the status of fl students.
www.sptimes.com /2004/05/01/Tampabay/Law_risk_to_choice__c.shtml   (778 words)

 Symeonides's Choice of Law Survey 1998
Georgia law was favorable to the defendant, the State of South Carolina and, although the court did not base its decision on this ground, the application of Georgia law under the lex loci rule favored the forum's interests.
It involved the question of which law determines the legality of a "canine sniff" that took place in California and was later used as the basis for obtaining a search warrant in Pennsylvania, resulting in the arrest and conviction of a Pennsylvania domiciliary.
The Court held that California law applied, either because this was a procedural question or, if it was not, because California had the greatest interest since, in addition to being the forum, California was also the place where the relation between the plaintiff and her attorney was based.
www.comparativelaw.org /res-conf98.html   (13525 words)

There are also myriad law review articles addressing various aspects of choice of law.
679 (2000); Greenstein, Is the Proposed UCC Choice of Law Provision Unconstitutional?, 73 Temp.
New York has a companion statute to section 5-1401 that allows the parties to designate NY as the forum for disputes regarding contracts governed by a choice of law clause blessed by that section.
www.aalscontracts.org /Scholarship/Choice.htm   (647 words)

They have done so to employ the easier approach of developing strategies to “limit the efficacy of foreign intellectual property laws in favor of extraterritorial application of domestic laws.”[4] A fundamental precept in copyright law is that the Copyright Act has no extraterritorial application for actions outside the United States.
The U.S. Supreme Court has routinely stated that “[i]t is a longstanding principle of American law ‘that legislation of Congress, unless a contrary [p25] intent appears, is meant to apply only within the territorial jurisdiction of the United States.’”[9] In accordance with this principle, U.S. copyright laws generally have no application to extraterritorial infringement.
Considering the largely isolationist view of U.S. copyright law, and the apparent split of authority, perhaps seeking international guidance through the World Trade Organization would be the most appropriate course of action, apart from the more immediate but limited ability of a U.S. Supreme Court case to resolve this apparent rift.
grove.ufl.edu /~techlaw/vol10/issue1/thornburg.html   (3317 words)

 Choice Law Schools
For many 1Ls starting this year, HLS was their first choice.
He recently presented the School with a copy of a letter he received in 1935 that outlined the benefits and drawbacks of each institution.
Yale teachers are "brilliant enough," Taylor wrote, "but they are too interested in explaining to you how the law is a very different thing from what most people think." Both Harvard and Yale "are deficient.
www.law.harvard.edu /alumni/bulletin/2001/fall/bf_02.html   (174 words)

 Choice USA turns out thousands to polls   (Site not responding. Last check: 2007-10-08)
Choice USA, Law Students for Choice and Medical Students for Choice have been working since June to identify, register, educate and turn out youth and students to the polls.
Law Students for Choice trained election monitors to watch polls for evidence of fraud.
Choice USA is immediately beginning a postcard campaign urging their members and supporters to contact their senators and demand support for the Putting Prevention First Act.
www.choiceusa.org /about/press.php?id=172   (549 words)

 OSU PCC 103-02: Choice of Law/Venue
Contracts, credit applications, and other agreements that include a choice of law/venue clause establish what law and forum will be used to resolve potential disputes that may arise.
In all contracts, credit applications, and similar agreements the choice of law will be the State of Oregon Law and the choice of venue will be the Circuit Court for Marion County in the State of Oregon.
If an agreement  has a choice of law/venue that is other than “Oregon”, the person authorized to sign the agreement must change that clause to state  “State of Oregon” as choice of law/venue, initial the change and obtain the other party’s acknowledgement and initials prior to obtaining the signatures of both parties.
oregonstate.edu /dept/budgets/PCCManual/PCC103-02.htm   (268 words)

 Gerson Law
Anti-deficiency provisions of California law may not be contractually waived as a condition of the encumbrance of real property.
In Ned-Lloyd the court, while engaging in a lengthy analysis of California decisions and the Restatement Second of Conflict Laws, restated that California has strong policy considerations favoring the enforcement of freely negotiated choice-of-law provisions.
If, however, either test is met, the court must next determine whether the chosen state's law is contrary to a fundamental policy of California.
www.gersonlaw.com /foreclosure.html   (811 words)

 Law Students for Choice at the UW
Law Students for Choice at the UW    
Law Students for Choice at the University of Washington is committed to educating, organizing, and supporting pro-choice law students to ensure that a new generation of lawyers will be prepared to successfully defend and expand reproductive rights.
Law Students for Choice's National Office links students to current professional training opportunities and creates new internships and fellowships in reproductive rights law.
students.washington.edu /choiceuw   (335 words)

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