820 Conflict of Laws - §001, Spring 2015

Categories: Civil Litigation and Dispute Resolution

Instructor(s) Monette, Richard

This course covers issues of choice of law, jurisdiction and recognition of foreign judgments. About three weeks of the course focus specifically on international and foreign law examples. Students will learn the European national approaches to the choice of law problem, focusing on the Swiss statute, as well as the U.S. approach to cases involving foreign choices of law, and to the recognition of foreign country judgments. Students also review several of the recognition of judgments treaties, including a session on recognition of foreign country divorces and child custody orders and of U.S. orders abroad in these areas. Also covered are the bases for jurisdiction over events that happen outside national boundaries (such as where events abroad have effects in the prescribing jurisdiction). Satisfies Jurisdiction of Courts Requirement.

Learning Outcomes - Upon completion of this course, student will be expected to:
1. Know and to communicate a broad survey-based understanding of the field known as Conflicts of Law in a manner useful for both theory and practice.
2. Know and to communicate the four most generally-accepted approaches to Conflicts of Law analysis as compiled and proffered by experts in the field.
3. Know and to communicate a general understanding of American legal and historical developments that have influenced the field’s evolution doctrine and approaches, including cases and developments related to: a) International law foundations of the field; b) American federalism; c) Wisconsin statute; and d) caselaw.
4. Know and to communicate the generally-accepted rules and reasoning in the field.
5. Obtain a Practitioner’s appreciation of legal strategy in the field.

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