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Law and Economics

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Duke Law

Faculty Scholarship

2009

Conflict of laws

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After The Revolution – Decline And Return Of U.S. Conflicts Of Laws, Ralf Michaels Jan 2009

After The Revolution – Decline And Return Of U.S. Conflicts Of Laws, Ralf Michaels

Faculty Scholarship

Scholars in the US have become uninterested in conflict of laws, at least in the core issues that spurred the conflict of laws revolution, especially questions of method and areas of tort and contract law. Proposals for a new (third) Restatement have not yet led very far. By contrast, new interest comes from the fringes: special political questions and interdisciplinarity. As to the first, I use the example of same‑sex marriages to discuss the extent to which discussions about politics are inseparably linked with discussions over conflict of laws. Conflict of laws is here not a mere additional field in …