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Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Washington Law Review
Twenty years ago an analysis of choice of law principles in the state of Washington concluded with the following observation: "The evolutionary process has finally begun in Washington. It will be a long time in developing. The limitations on that development are only those imposed by the ingenuity, insights and degree of in-depth research and work of counsel and the court."' Much has happened in the twenty years since that statement was made. On the national level, the United States Supreme Court has for the most part withdrawn from the scene and has imposed little control upon the states in …
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Washington Law Review
Twenty years ago an analysis of choice of law principles in the state of Washington concluded with the following observation: "The evolutionary process has finally begun in Washington. It will be a long time in developing. The limitations on that development are only those imposed by the ingenuity, insights and degree of in-depth research and work of counsel and the court."' Much has happened in the twenty years since that statement was made. On the national level, the United States Supreme Court has for the most part withdrawn from the scene and has imposed little control upon the states in …
Formalism And Nonformalism In Choice Of Law Methodology, William C. Powers, Jr.
Formalism And Nonformalism In Choice Of Law Methodology, William C. Powers, Jr.
Washington Law Review
This article presents an analysis of choice of law methodologies in terms of their formal and nonformal characteristics. In Part I, formal and nonformal decisionmaking processes are defined, and their benefits and detriments are examined. In Part II, two concrete choice of law problems—the New York experience with host-guest statutes and the policy of validation in contractual and testamentary transactions—are studied to highlight the pitfalls of both formal and nonformal choice of law approaches. In Part III, the shift from formalism to nonformalism in choice of law methodology is analyzed from the perspective of a general theory of judicial shifts …
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Washington Law Review
Professor Trautman discusses Washington's new "most significant relationship" approach to conflict of laws by examining the recent cases of Baffin and Goble in relation to traditional approaches and the Restatement (Second). Because the cases mark the beginning of an evolutionary process in Washington, the author emphasizes the need to explore, find, and articulate the relevant factors to be considered in applying the "most significant relationship" test. Professor Trautman gives the Washington court and bar some useful beginning points for the case-by-case development of new and better conflict of laws rules.
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Washington Law Review
Professor Trautman discusses Washington's new "most significant relationship" approach to conflict of laws by examining the recent cases of Baffin and Goble in relation to traditional approaches and the Restatement (Second). Because the cases mark the beginning of an evolutionary process in Washington, the author emphasizes the need to explore, find, and articulate the relevant factors to be considered in applying the "most significant relationship" test. Professor Trautman gives the Washington court and bar some useful beginning points for the case-by-case development of new and better conflict of laws rules.