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Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Cleveland State Law Review
It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).