Abstract

http://ssrn.com/abstract=2208012
 


 



The Role of Ethics in U.S. Private International Law


Donald Earl Childress III


Pepperdine University School of Law

2011

The Role of Ethics in U.S. Private International Law, in The Role of Ethics in International Law, p. 180, Donald Earl Childress III, ed., Cambridge University Press, 2011
Pepperdine University Legal Studies Research Paper

Abstract:     
This chapter focuses on the role of ethics in United States private international law. The chapter explores the common law ethos of judicial decision making that grounds the U.S. experience with law generally. The resolution of legal disputes in the United States is a part of an ongoing legal and ethical conversation within a community’s law. When courts are asked, however, to examine private international law cases, the chapter argues that the conversation is at risk of breaking down, either because cases stand outside the Anglo-American tradition or because of unique facts that stretch positive and common law decision making beyond the bounds previously encountered in case law. The chapter shows that courts have looked to the conflict-of-law tradition for answers. The chapter proposes that a focus of future private international law scholarship should be to (a) define or refine the criteria for assessing ethical judgment in the multistate transnational context and (b) define the circumstances under which ethics and ethical reasoning can tip the scale in transnational cases, if at all.

Number of Pages in PDF File: 29

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Date posted: January 28, 2013  

Suggested Citation

Childress III, Donald Earl, The Role of Ethics in U.S. Private International Law (2011). The Role of Ethics in U.S. Private International Law, in The Role of Ethics in International Law, p. 180, Donald Earl Childress III, ed., Cambridge University Press, 2011; Pepperdine University Legal Studies Research Paper. Available at SSRN: http://ssrn.com/abstract=2208012

Contact Information

Donald Earl Childress III (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4807 (Phone)
HOME PAGE: http://www.law.pepperdine.edu/academics/faculty/childress.html
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