Conflict of Laws Commons^™

Choice Of Law: How It Ought Not To Be, Friedrich K. Juenger

Mercer Law Review

When the Mercer Law Review sent me the transcript of the October 1996 Roundtable at the Walter F. George School of Law, I was curious to learn what progress interest analysis has made since the death of its founder, Brainerd Currie, more than thirty years ago. Alas, the transcript confirmed my suspicion: there is nothing new to be found in that corner of conflicts methodology. The participants discussed shopworn cases and produced period pieces that might as well have been written in the sixties. But while that era's symposia sparked lively differences of opinion on essential points, the Mercer discussants, …

Introduction To Brainerd Currie Choice-Of-Law Symposium - Brainerd Currie: I Am The Very Model Of A Modern Intellectual, Jack L. Sammons

Mercer Law Review

No abstract provided.

A Real World Perspective On Choice Of Law, Robert A. Sedler

Mercer Law Review

I have been invited to respond to a symposium on "Choice of Law: How It Ought to Be." My response will be in terms of "Choice of Law: How It Is." That is, as the title of this Article indicates, I hope to bring a real world perspective on choice of law to the issues that have been discussed in the symposium. And I believe that a perspective on how choice of law operates in the real world-how choice of law is-may furnish considerable guidance on the question of how choice of law ought to be.

My real world perspective …

Resolving Six Celebrated Conflicts Cases Through Statutory Choiceof- Law Rules, Symeon C. Symeonides

Mercer Law Review

I am truly honored to be asked to participate in a symposium hosted by Brainerd Currie's school and dedicated to him. Like the other participants in this symposium, I have studied Currie's insightful writings, I have learned immensely from them, and I have written about them. Unlike most participants, however, I found myself in the position of being able to use some of Currie's ideas in the drafting of choice-of-law legislation. I had the undeserved good fortune of being asked to serve as the Reporter for the Louisiana State Law Institute in revising and codifying Louisiana's conflicts law. The result …

"The Entrails Of A Goat": Reflections On Reading Lea Brilmayer's Hague Lectures, Herma Hill Kay

Mercer Law Review

No one will be surprised to hear that my former student, Professor Lea Brilmayer, and I have a long-standing disagreement about the merits of the approach to choice of law theory proposed by my former teacher, Professor Brainerd Currie. I take Currie's interest analysis to be a major intellectual achievement, a paradigm-shattering advance over the traditional vested rights theory advocated by the father of the First Restatement, Professor Joseph Beale, and a sound basis for further theorizing in choice of law. Brilmayer regards interest analysis as a "house without foundations" that was built on the "myth" of legislative intent;2rejects its …