Conflict of Laws in Massachusetts, Part I: Current Choice-of-Law Theory

Massachusetts Law Review, Vol. 92, No. 1, p. 12, 2009

Suffolk University Law School Research Paper No. 08-29(1)

14 Pages Posted: 6 Sep 2008 Last revised: 6 Aug 2011

See all articles by Joseph W. Glannon

Joseph W. Glannon

Suffolk University Law School

Gabriel H. Teninbaum

Suffolk University Law School

Date Written: 2009

Abstract

This article is a survey of conflict of laws principles in Massachusetts. It explains the historical and current Massachusetts approach to conflict of laws issues, and then applies that methodology to a variety of substantive and procedural topic areas. It concludes with recommendations for ways that Massachusetts courts can improve their analysis of these problems to promote fair and consistent outcomes.

Keywords: conflict of laws, conflict of law, choice of law, Massachusetts, Bushkin, Pevoski, Second Restatement, Leflar, Currie, functional approach, flexible approach, Section 6, three-tier, three-level, Nierman, choice of law clause, choice of forum clause, conflict, conflicts, Suffolk, Glannon, Teninbaum

Suggested Citation

Glannon, Joseph W. and Teninbaum, Gabriel H., Conflict of Laws in Massachusetts, Part I: Current Choice-of-Law Theory (2009). Massachusetts Law Review, Vol. 92, No. 1, p. 12, 2009, Suffolk University Law School Research Paper No. 08-29(1), Available at SSRN: https://ssrn.com/abstract=1263467

Joseph W. Glannon (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States

Gabriel H. Teninbaum

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States

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