Out-Beale-Ing Beale

7 Pages Posted: 22 Aug 2016

Date Written: 2016

Abstract

In response to the 1991 Supreme Court decision resuscitating the presumption against extraterritoriality [hereinafter “PAE” or “presumption”], EEOC v. Arabian American Oil Co. (Aramco), Larry Kramer described the presumption as an anachronism — a throwback to the strict territorialist approach to choice of law that prevailed before the mid-Twentieth Century but has been mostly abandoned since then. The title of his scathing article, Vestiges of Beale, referred to Joseph Beale, the Harvard Law professor and reporter of the First Restatement of Conflict of Laws, whose since-discredited theories underlay that Restatement’s approach to choice of law. In the cases since Aramco, the Court has strengthened and expanded the presumption. With its decision in RJR Nabisco v. European Community, it is fair to say, the Court has out-Beale’d Beale.

JEL Classification: K00

Suggested Citation

Vazquez, Carlos Manuel, Out-Beale-Ing Beale (2016). Available at SSRN: https://ssrn.com/abstract=2826063 or http://dx.doi.org/10.2139/ssrn.2826063

Carlos Manuel Vazquez (Contact Author)

Georgetown University Law Center ( email )

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