Choice of Law in Federal Courts: From Erie and Klaxon to Cafa and Shady Grove
2010; RELX Group (Netherlands); Linguagem: Inglês
10.2139/ssrn.1665092
ISSN1556-5068
Autores Tópico(s)Legal and Constitutional Studies
ResumoThe article offers a new perspective on choice of law in federal courts. I have argued in a series of articles that ordinary choice of law problems are best understood through application of a particular conceptual framework, which I call the two-step model. Rather than thinking of choice of law as some sort of meta-procedure, this model takes it to address two substantive questions: what are the scope of the competing states’ laws, and which should be given priority if they conflict?
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