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

Aspen Casebook Series, Wolters Kluwer, Forthcoming 2013

Temple University Legal Studies Research Paper No. 2012-19

67 Pages Posted: 1 May 2012 Last revised: 12 Oct 2012

Laura E. Little

Temple University - James E. Beasley School of Law

Date Written: May 1, 2012

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.

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

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: https://ssrn.com/abstract=2049415

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)

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