Conflict of Laws Commons^™

Wagging The Dog--If The State Of Hawaii Accepts Same-Sex Marriage Will Other States Have To?: An Examination Of Conflict Of Laws And Escape Devices , Rebecaa S. Paige

American University Law Review

No abstract provided.

Divorce And Domicile: Time To Sever The Knot, Rhonda Wasserman

William & Mary Law Review

No abstract provided.

The Vicissitudes Of Choice Of Law: The Restatement (First, Second) And Interest Analysis, Jeffrey M. Shaman

Buffalo Law Review

No abstract provided.

Back To The Past: Anti- Pragmatism In American Conflicts Law, Patrick J. Borchers

Mercer Law Review

I am grateful to the editors of the Mercer Law Reuiew for the opportunity to comment upon the symposium honoring Brainerd Currie. As one would expect given the fine panel assembled, the discussions were lively, well-informed, thoughtful, and thought-provoking. And, of course, it is well to honor Currie, who was perhaps the father-at the very least the midwife-of the conflicts revolution.

There is no denying that Currie's "interest" vocabulary helped American courts escape the grip of the place-of-the-injury rule in tort conflict cases. His tripartite division between true conflicts, false conflicts, and unprovided-for cases is orthodoxy to most American conflicts …

The Interested Forum, Stanley E. Cox

Mercer Law Review

I. AN INTRODUCTION TO THE INTERESTED FORUM WAY OF THINKING

When Brainerd Currie rearranged his essays for publication in book form, he felt it appropriate to lead off with his article about Walton v. Arabian American Oil Co. He considered his comments about that case a "logical point of departure" for his entire theory. It therefore also might be profitable for us, in this Symposium honoring him, to focus on the types of dilemmas presented by that case. In Walton, a nonresident plaintiff brought suit against a nonresident defendant on a cause of action arising out of conduct …

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, …

What Happens When Parties Fail To Prove Foreign Law?, William L. Reynolds

Mercer Law Review

The first discussion in this excellent and provoking Symposium concerns the effect of a party's failure to prove the content of foreign law. That discussion epitomizes much of what is wrong in academic thought about choice of law today.

The Symposium colloquy focused on Walton v. Arabian American Oil Co. The issue in that case was whether an employer could be held liable under respondeat superior for an automobile accident in Saudi Arabia. Neither side offered or attempted to prove the content of Saudi law. Plaintiff instead obstinately rested his case on New York law. The trial judge, however, …

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 …

Notes From The Eye Of The Storm, Gene R. Shreve

Mercer Law Review

When the Currie theorists redecided a series of famous cases in the symposium program, they reflected little of the confusion and tumult that grips conflicts scholarship. The participants appeared to have few doubts about the soundness of Brainerd Currie's governmental interest analysis. They tended merely to differ on whether particular case results are faithful to Currie's approach. Such concord was by happenstance rather than design. Lea Brilmayer (a foe of interest analysis) and Larry Kramer (an interest analysis revisionist) would have presented more contrasting views had they accepted invitations to appear. Currie's true believers on the panel were left to …

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 …

A Roundtable Discussion - Choice-Of-Law Symposium Transcript, David Currie, Robert Felix, Herma Hill Kay, Marjorie F. Knowles, Bruce Posnak, John Rees Jr., Jack L. Sammons

Mercer Law Review

A roundtable discussion held Monday, October 14, 1996 at the Walter F. George School of Law Macon, Georgia.

Interest Groups, Contracts And Interest Analysis, Erin O'Hara, Larry E. Ribstein

Mercer Law Review

Interest analysis does not stand up well under economic analysis. Richard Posner has noted that the territorial approach to choice-of-law rules reflected in the First Restatement enabled states at least roughly to exercise their comparative regulatory advantages. Moreover, a system of rules enables parties to better predict the outcomes of disputes. This better facilitates settlement than a standard as difficult to apply as interest analysis. Most fundamentally, trying to determine the interest of a state separate from the generally conflicting private interests of politicians, voters, and other elements of the political process is utterly foreign to contemporary public choice economics. …

Justice And The Conflict Of Laws, Joseph William Singer

Mercer Law Review

In Walton v. Arabian American Oil Co., an Arkansas resident was injured in Saudi Arabia by the employee of an American company incorporated in Delaware with substantial business operations in New York. Suit was brought in federal court in New York. What law should apply to plaintiff's claim that defendant's employee negligently harmed him and that defendant is vicariously liable for the damages resulting from that harm?

The distinguished panelists who have addressed this question seem to agree that their initial intuition is that Saudi law should apply as the place of the conduct and injury if one of …

Comments On The Roundtable Discussion Of Choice Of Law, Russell J. Weintraub

Mercer Law Review

I congratulate the Walter F. George School of Law for bringing together a distinguished group of conflict-of-laws scholars to discuss some of the best known cases in the field. There is no better way to honor Brainerd Currie of whom the School is justifiably proud as a former student and faculty member. Although, as Professor Currie freely acknowledged, he was not the first to argue that the territorial reach of a law should depend on the law's content and purpose, his series of carefully wrought articles endowed the concept such intellectual force that it could no longer be ignored. Within …

"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 …

The First Restatement Of Conflict Of Laws On The Twenty-Fifth Anniversary Of Its Successor: Contemporary Practice In Traditional Courts, William M. Richman, David Riley

Maryland Law Review

No abstract provided.

Courts And The Second Conflicts Restatement: Some Observations And An Empirical Note, Patrick J. Borchers

Maryland Law Review

No abstract provided.

"At Least, To Do No Harm": Does The Second Restatement Of Conflicts Meet The Hippocratic Standard?, Russell J. Weintraub

Maryland Law Review

No abstract provided.

Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg

Maryland Law Review

No abstract provided.

Legal Process And Choice Of Law, William L. Reynolds

Maryland Law Review

No abstract provided.

The Judicial Acceptance Of The Second Conflicts Restatement: A Mixed Blessing, Symeon C. Symeonides

Maryland Law Review

No abstract provided.

Symposium - The Silver Anniversary Of The Second Conflicts Restatement: Introduction, William L. Reynolds

Maryland Law Review

No abstract provided.