Choice of law for American courts : a multilateralist method
Author(s)
Bibliographic Information
Choice of law for American courts : a multilateralist method
（Contributions in legal studies, no. 100）
Greenwood Press, 2001
Available at 7 libraries
Note
Includes bibliographical references (p. [161]-166) and index
Description and Table of Contents
Description
This study proposes a multilateralist method of choice of law in order to alleviate the great disarray that currently exists in American choice law. In the early 20th century, there was a fairly-uniform multilateralist method of choice law. In the 1920s and 30s, however, scholars adn courts began to reject this method. Viewed as too mechanical the method sometimes resulted in the choice of law of a state with only a tenuous connection to the controversy. Currently, state courts use four different approached to choice law with numerous material variations. This study rejects these approaches on normative, constitutional, and practical grounds. Instead, it advocates that courts adopt a multilateralist approach to choice of law that is forum- and content-neutral and that respects the rights of both individuals and states. The study also argues that such an approach should satisfy a constitutional standard that requires a court not choose one state's law when another state has a significantly closer connection to controversy.
The proposed method consists of two parts. The first part determines the states that have created legal relations applying to the dispute. When more than one state has created a legal realtions applying to the dispute. When more than one state has created a legal relation that applies to the controversy, the second part adopts the law of the state that had the closest connection. The study then applies the suggested method to numerous choice of law problems.
Table of Contents
Preface Introduction Choice of Law in the 20th Century A Normative View of Choice of Law Constitutional Constraints on Choice of Law Other Choice of Law Methods A Multilateralist Method of Choice of Law Selected Problems in Choice of Law Choice of Law in Mass Torts, Class Actions, and Multidistrict Litigation Bibliography Index
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