Conflict of Laws
Professor Rhonda Wasserman
Course Description
This course will examine the choice-of-law theories that courts use to determine the rule of decision to be applied in cases in which the parties, conduct or transactions involved have connections with more than one state. The course will then consider federal constitutional limitations on these choice-of-law approaches, and the extent to which federal courts are required to apply state choice-of-law rules. The course will then examine the extent to which judgments rendered by a court in one state must be recognized and enforced by courts in other states, and by federal courts. Finally, the course will examine conflicts in the international setting.
The course will consider the extent to which different choice-of-law theories or approaches serve four traditional choice-of-law goals – uniformity; avoidance of forum shopping; predictability; and ease of administration. We also will consider whether choice-of-law theory should serve other goals.
The course also will explore two overarching issues. First, when a court is faced with a choice between two states’ laws, should the inquiry be an objective one (based on methods or rules external to the law of either state) or should it be a subjective one (determined from an internal perspective in accordance with the forum’s positive law)? Second, in choosing the governing law, should a court focus on territorial factors (such as where events occur) or on personal factors (such as where the parties are domiciled)?
The final grade will be based on a 48-hour take-home examination to be completed during the first five days of the exam period.