Abstract

http://ssrn.com/abstract=2049415
 
 

Footnotes (60)



 


 



Insights on Key Concepts of Forum Choice and Choice of Law Methodology


Laura E. Little


Temple University - James E. Beasley School of Law

May 1, 2012

Aspen Casebook Series, Wolters Kluwer, Forthcoming 2013
Temple University Legal Studies Research Paper No. 2012-19

Abstract:     
The venerable subject of Conflict of Laws has many concepts that inform its traditional and modern forms. Certain key ideas weave throughout the history and current relevance of the subject. This paper presents many of these ideas in the form of “Notes,” offering expository explanation, received wisdom, and new insights. The Notes will appear in an upcoming Conflict of Laws casebook to be published in the Aspen Casebook Series by Wolters Kluwer. The Notes cover global, jurisprudential topics as well as doctrinal, fundamental, concepts. They should be useful to both novices seeking an overview of core conflict of laws themes as well as well-seasoned experts seeking pithy insights into the key debates in the field.

The global, jurisprudential topics are:

(1) The Domestic and International Forum-Shopping System;
(2) The Role of Public Policy;
(3) Jurisdiction-Selecting and Law-Selecting Orientations in Choice of Law;
(4) Theories of Party Autonomy and Choice of Law;
(5) Complexity in Choice of Law;
(6) Rules and Standards;
(7) Race to the Bottom and Coordinated Choice of Law Rules;
(8) Relationship between International Law and Conflict of Law Doctrines; and
(9) Techniques for Reckoning with Diversity Among Laws;

Specific doctrinal topics include:

(1) Proof of Foreign Law;
(2) Same Sex Marriage: An Overview of History and Legal Issues in the United States;
(3) Domicile, Residence, and Citizenship;
(4) Dépeçage; and
(5) Same Sex Marriage: Choice of Law Proposals.

Number of Pages in PDF File: 67

Keywords: conflict of laws, choice of law, forum shopping, forum selection, public policy exception, party autonomy, race to the bottom, private international law, same sex marriage, domicile, citizenship, depecage, contractual choice of law clauses

JEL Classification: K41, K42, K49

Accepted Paper Series


Download This Paper

Date posted: May 1, 2012 ; Last revised: October 12, 2012

Suggested Citation

Little, Laura E., Insights on Key Concepts of Forum Choice and Choice of Law Methodology (May 1, 2012). Aspen Casebook Series, Wolters Kluwer, Forthcoming 2013; Temple University Legal Studies Research Paper No. 2012-19. Available at SSRN: http://ssrn.com/abstract=2049415

Contact Information

Laura E. Little (Contact Author)
Temple University - James E. Beasley School of Law ( email )
1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-8955 (Phone)
215-204-1185 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 528
Downloads: 118
Download Rank: 137,860
Footnotes:  60
People who downloaded this paper also downloaded:
1. International Law in Domestic Courts: A Conflict of Laws Approach
By Karen Knop, Ralf Michaels, ...

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.469 seconds