Conflict of Laws

Professor Rhonda Wasserman

Course Information and Requirements

Professor Rhonda Wasserman                                                                    Spring 2008
Office: 321 Law Building                                                                             Telephone: (412) 648-1338
E-mail: wasserma@pitt.edu                                                                         Fax: (412) 648-2648

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.

Credit Hours and Meeting Times:

This is a three-credit course that will meet twice a week: on Mondays and Tuesdays, 10:25-11:40 a.m., in Room 109. Attendance is required, and the School’s attendance policy will be enforced (see below). If a class is canceled, a make-up class will be scheduled either before the canceled class or as soon thereafter as is reasonably possible.

Office Hours:

I have an open door policy. Please feel free to stop by my office (Room 321) with your questions or just to chat whenever convenient. (If you come at a time that is inconvenient for me, I’ll let you know and we can pick a mutually convenient time to meet.) If you would prefer, you may email or call me to schedule an appointment.

Attendance:

The School of Law’s attendance policy will be enforced and sign-in sheets will be circulated on a daily basis. Students must attend at least 80% of the class meetings. To be counted as present, you must be prepared and arrive on time. A student who does not satisfy the 80% attendance requirement may be "certified out" of the course and receive a "U" grade.

Syllabus:

A tentative syllabus is attached. Specific assignments will be announced at the end of each class for the upcoming class. It likely will prove necessary to make adjustments to the syllabus, and I will announce those changes in class and via email.

Required Reading:

 Two books are required for the course:

1. Lea Brilmayer & Jack Goldsmith, Conflict of Laws: Cases and Materials (5th ed. 2002) (the "Casebook")
2. Rhonda Wasserman, Supplementary Materials for Conflict of Laws (Spring 2008) (the "Wass. Supp.")

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