Conflict of Laws in Massachusetts, Part I: Current Choice-of-Law Theory
Massachusetts Law Review, Vol. 92, No. 1, p. 12, 2009
14 Pages Posted: 6 Sep 2008 Last revised: 6 Aug 2011
Date Written: 2009
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: Suggested Citation