Conflict of Laws

You study the law of contracts, torts, and property, but—in our multi-state federal system—how do you know which state’s law will ultimately apply to a particular event or transaction, if it implicates more than one state? Should the forum in which suit has been filed have the largely unfettered ability to apply its own law, assuming jurisdiction is good? Even if the parties can agree in advance on the applicable law, can you be sure of the enforceability of that agreement? And how do you know whether any particular judgment will be enforceable outside the forum that rendered it? Conflict of Laws deals with questions such as these and others that arise when a transaction or relationship is connected to more than one jurisdiction. This course will examine the rules and principles that govern the resolution of multi-jurisdictional conflict of laws in the U.S. It will also consider different theoretical approaches to choice of law as well as possible constitutional limits on choice of law. And the course will devote considerable time to the interstate recognition and enforcement of judgments and federalism issues arising from cross-jurisdictional enforcement of laws and judgments.