Add to ORKGThe Supreme Court\u27s effort to establish certainty in this area by basing a firm rule on a clear theory has failed. The intention was laudable but the proposed theory bore little relation to the courts\u27 adjudicative concerns; and the rule sometimes produced injustice, prompting courts to circumvent it. This article considers the brief history of choice of law in tort and recent developments in common law and civil law jurisdictions, and suggests a new theory and a new rule (based on principles of tort law rather than public international law) which are likely to increase certainty by promoting fairness
This article is meant to reconcile two schools of intellectual thought regarding tort law, the conce...
In the last few years, the Supreme Court of Canada has held that private international law rules app...
Many scholars have offered theories that purport to explain the whole of the law of torts. At least ...
The Supreme Court\u27s effort to establish certainty in this area by basing a firm rule on a clear t...
In the last few years, the Supreme Court of Canada has held that private international law rules app...
The conflict of laws rule applicable in foreign tons contains two conditions. First, the wrong must ...
This Article is the first to argue that forward-looking and backward-looking accounts of tort law ar...
This Article is the first comprehensive study of how American courts have resolved conflicts of laws...
The article briefly discusses the impossibility of a strict formalist or positivist approach to lega...
Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Juri...
This Article is the first comprehensive study of how American courts have resolved conflicts of laws...
From the introduction: The past few years have seen a great deal of controversy concerning the conti...
In the United States, the debate over the foundations of tort law is at an impasse. On one side of t...
The Restatement attempts to provide as much guidance as it is believed the current state of the auth...
The Restatement attempts to provide as much guidance as it is believed the current state of the auth...
This article is meant to reconcile two schools of intellectual thought regarding tort law, the conce...
In the last few years, the Supreme Court of Canada has held that private international law rules app...
Many scholars have offered theories that purport to explain the whole of the law of torts. At least ...
The Supreme Court\u27s effort to establish certainty in this area by basing a firm rule on a clear t...
In the last few years, the Supreme Court of Canada has held that private international law rules app...
The conflict of laws rule applicable in foreign tons contains two conditions. First, the wrong must ...
This Article is the first to argue that forward-looking and backward-looking accounts of tort law ar...
This Article is the first comprehensive study of how American courts have resolved conflicts of laws...
The article briefly discusses the impossibility of a strict formalist or positivist approach to lega...
Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Juri...
This Article is the first comprehensive study of how American courts have resolved conflicts of laws...
From the introduction: The past few years have seen a great deal of controversy concerning the conti...
In the United States, the debate over the foundations of tort law is at an impasse. On one side of t...
The Restatement attempts to provide as much guidance as it is believed the current state of the auth...
The Restatement attempts to provide as much guidance as it is believed the current state of the auth...
This article is meant to reconcile two schools of intellectual thought regarding tort law, the conce...
In the last few years, the Supreme Court of Canada has held that private international law rules app...
Many scholars have offered theories that purport to explain the whole of the law of torts. At least ...