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Dalhousie Law Journal

Authors

Sheldon Wein

Keywords

Modern Choice-of-Law, Torts, Insurance, Land Titles, Allstate Ins. Co. v. Hague, Supreme Court, foray, constitutional limitations, power of a state, foreign facts.

Abstract

This is a collection of the more important articles on conflict of laws that Professor Hancock has written since 1960; in addition, it contains a chapter, hitherto unpublished, on Allstate Ins. Co. v. Hague,' the Supreme Court's most recent foray into constitutional limitations on the power of a state to apply its law in situations involving foreign facts. Many of us undoubtedly read the majority of these essays at the time when they first appeared in law review form. It is good that they are now available in a single book. We are thereby afforded a convenient opportunity to refresh a memory that may have grown dim and to gain a new insight into Professor Hancock's thinking. Hancock is a brilliant and talented scholar. He is interested primarily in the methodology that he believes the courts should use in deciding choice-of-law questions. On this score, he evinces no doubt. He is sure that there is but one true path for courts to take, and he states his position forcefully and directly. No one can read this book without being challenged to give deep thought to what in his own view is the proper approach to choice of law. He can agree with Professor Hancock. But if he does not, he will almost surely feel forced to reevaluate-or at least to attempt to reevaluate-the alternative approach that he favors.

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