Private Law Theory

Abstract:
In a federal system with state lines that are easily crossed physically and electronically, legal disputes often raise choice-of-law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial fairness and economy dictate, or should dictate, that the choice-of-law issues be resolvable consistently and without unnecessarily tying up the courts or imposing large litigation costs, if it can be done in a principled manner. This article shows how it could be done.

Kirgis, Frederic L, Disentangling Choice of Law for Torts and Contracts (June 16, 2015). Washington and Lee Law Review, Online Edition.

First posted 2015-06-18 14:24:08