Conflict of Laws

Transactions, relationships, and conduct of various kinds often have contacts with more than one state. For instance, a contract may involve a buyer and a seller in two different states; a couple may get married in one state and then move to another; a product manufactured in one state may cause injury in another. (Similarly, transactions, relationships, and conduct may have contacts with more than one country.) This reality generates a number of legal questions that are relevant both to transaction planning and to dispute resolution. To start with, what are the limits of a state s (or a country s) power to regulate a relationship or a dispute that is not purely local? If two states have that power, and both seek to apply their law (which may differ in substance) to the same relationship or dispute, how should we choose between them? Can the parties to a transaction avoid potential problems by simply choosing the applicable law themselves, and, if so, are there any limits to that form of party autonomy? Given the realities of interstate and international commerce, these issues are of obvious relevance to lawyers in many different fields of law practice. They also raise fascinating and complex questions about the limits of sovereignty and the policy considerations underlying the exercise of sovereign authority.

There are no prerequisites for this course, and it is equally useful for 2Ls and 3Ls.

Please note that this is a 2-credit class. It will be scheduled for 3 days per week (e.g., MTW 8:45-9:40 a.m.), but will not always meet, due to instructor travel.