| |
| |
| Introduction | |
| |
| |
| |
| The Territorial Approach to Choice of Law: Concepts and Limitations | |
| |
| |
| |
| Lex Loci: The Traditional Approach to Choice of Law | |
| |
| |
| |
| The Lex Loci Approach in Tort Cases: The Carroll Case | |
| |
| |
| |
| The Lex Loci Approach in Contract Cases: Milliken v. Pratt | |
| |
| |
| |
| The Lex Loci Approach in Property Cases | |
| |
| |
| |
| Other Areas | |
| |
| |
| |
| "Escape Devices" | |
| |
| |
| |
| Characterization | |
| |
| |
| |
| Substance and Procedure | |
| |
| |
| |
| Renvoi | |
| |
| |
| |
| Public Policy | |
| |
| |
| |
| Pleading and Proving Foreign Law | |
| |
| |
| |
| Modern Approaches to Choice of Law | |
| |
| |
| |
| The Scholarly Critique of the Territorial Approach | |
| |
| |
| |
| New York and the "Center of Gravity" Approach: Auten and Haag | |
| |
| |
| |
| Interest Analysis: The Currie Approach | |
| |
| |
| |
| Choice of Law as an Exercise in Interpretation and Construction | |
| |
| |
| |
| Identification of False and True Conflicts: The Heart of Interest Analysis | |
| |
| |
| |
| Criticisms of the Currie Approach | |
| |
| |
| |
| Identifying False Conflicts in New York: Guest Statutes and Beyond | |
| |
| |
| |
| Guest Statutes in the New York Courts: Babcock, Dym, and Tooker | |
| |
| |
| |
| Contiguous-Border Torts and the "Neumeier Rules" | |
| |
| |
| |
| Conduct Regulation and Loss Distribution: Beyond Guest Statutes | |
| |
| |
| |
| Resolving True Conflicts | |
| |
| |
| |
| Currie's Approach | |
| |
| |
| |
| Comparative Impairment | |
| |
| |
| |
| Other Solutions: "Principles of Preference" and "Shared Policies" | |
| |
| |
| |
| Territoriality Redux? | |
| |
| |
| |
| The Second Restatement: The "Most Significant Relationship" | |
| |
| |
| |
| Torts | |
| |
| |
| |
| Contracts | |
| |
| |
| |
| The Better Law | |
| |
| |
| |
| Does It Matter? | |
| |
| |
| |
| A Few Areas of Modern Interest | |
| |
| |
| |
| A View of the Landscape | |
| |
| |
| |
| Statutory Solutions to Choice of Law | |
| |
| |
| |
| The "Rule of Validation," Party Autonomy, and Enforcement of Contractual Choice-of-Law Provisions | |
| |
| |
| |
| Conflict of Laws and the Uniform Commercial Code | |
| |
| |
| |
| Insurance Conflicts | |
| |
| |
| |
| Conflicts in Products Liability Litigation: Two Examples | |
| |
| |
| |
| Complex Litigation | |
| |
| |
| |
| Conflicts in Cyberspace | |
| |
| |
| |
| Constitutional Limitations on Choice of Law | |
| |
| |
| |
| Due Process | |
| |
| |
| |
| The Dick Case | |
| |
| |
| |
| Values Protected by the Due Process Clause: Fairness to Individuals, Reasonable Foreseeability, and Protection from "Unfair Surprise" | |
| |
| |
| |
| Full Faith and Credit | |
| |
| |
| |
| The 1930s Cases on Full Faith and Credit and Choice of Law | |
| |
| |
| |
| The Continuing Relevance of Pacific Employers | |
| |
| |
| |
| Due Process and Full Faith and Credit, Merged | |
| |
| |
| |
| Implementing Dick and Pacific Employers: The Watson and Clay Cases | |
| |
| |
| |
| The Modern Cases: Hague and Shutts | |
| |
| |
| |
| Full Faith and Credit, National Unity, and Sovereign Immunity | |
| |
| |
| |
| The Privileges & Immunities Clause and the Problem of Discrimination in Choice of Law | |
| |
| |
| |
| Other Constitutional Provisions | |
| |
| |
| |
| The Obligation to Provide a Forum | |
| |
| |
| |
| Hughes v. Fetter (1951) | |
| |
| |
| |
| Tennessee Coal, Iron & R.R. Co. v. George (1914) | |
| |
| |
| |
| Recognition of Judgments | |
| |
| |
| |
| The Basics of Claim and Issue Preclusion: A Review | |
| |
| |
| |
| The Terminology of Preclusion | |
| |
| |
| |
| Claim Preclusion | |
| |
| |
| |
| The Claim Preclusion Principle Defined | |
| |
| |
| |
| The "Same Claim" | |
| |
| |
| |
| The "Same Parties" | |
| |
| |
| |
| A "Judgment on the Merits" | |
| |
| |
| |
| Some Additional Issues | |
| |
| |
| |
| Issue Preclusion | |
| |
| |
| |
| The Same Issue: What Is an "Issue"? | |
| |
| |
| |
| Actually Litigated and Determined | |
| |
| |
| |
| Essential to the Judgment | |
| |
| |
| |
| Nonmutuality in Issue Preclusion | |
| |
| |
| |
| Nonmutuality, Complex and Public Law Litigation, and Class Actions | |
| |
| |
| |
| The Limits of Preclusion | |
| |
| |
| |
| The Difference Between Preclusion and Precedent | |
| |
| |
| |
| Interjurisdictional Preclusion and Full Faith and Credit | |
| |
| |
| |
| Full Faith and Credit: Article IV and 28 U.S.C. � 1738 | |
| |
| |
| |
| The Basic Doctrine: Fauntleroy v. Lum | |
| |
| |
| |
| Interjurisdictional Recognition and the Role of State Interests | |
| |
| |
| |
| Workers' Compensation: An Exception to Full Faith and Credit? | |
| |
| |
| |
| Full Faith and Credit to Judgments Rendered Without Jurisdiction | |
| |
| |
| |
| Full Faith and Credit, Real Property, and Jurisdiction | |
| |
| |
| |
| Full Faith and Credit to Equitable Decrees | |
| |
| |
| |
| Congress's Power to Legislate Pursuant to the Full Faith and Credit Clause and the Problem of "Partial Repeal" of � 1738 | |
| |
| |
| |
| Conflict of Laws and Domestic Relations | |
| |
| |
| |
| Marriage | |
| |
| |
| |
| Divorce | |
| |
| |
| |
| Ex Parte Divorce and Full Faith and Credit: The Williams Decisions | |
| |
| |
| |
| Divorce by Consent | |
| |
| |
| |
| Foreign Divorces Not Subject to Full Faith and Credit | |
| |
| |
| |
| Dissolution of Same-Sex Marriages and Civil Unions | |
| |
| |
| |
| The Incidents of Marriage and "Divisible Divorce" | |
| |
| |
| |
| Interstate Recognition of Child Custody Decrees | |
| |
| |
| |
| Full Faith and Credit and Domestic Child Custody Decrees | |
| |
| |
| |
| International Child Abduction: The Hague Convention | |
| |
| |
| |
| Spousal and Child Support Orders | |
| |
| |
| |
| The Law Applied in Federal Courts | |
| |
| |
| |
| The "Erie Doctrine": An Introduction | |
| |
| |
| |
| Why Discuss Erie in a Book on Conflict of Laws? | |
| |
| |
| |
| The Three Broad Dimensions of the "Erie Doctrine" | |
| |
| |
| |
| "Substance" vs. "Procedure" | |
| |
| |
| |
| The Role of the Constitution in the "Erie Doctrine" | |
| |
| |
| |
| Federal Courts Sitting in Diversity: Surrogates for State Courts or an Independent Judicial System? | |
| |
| |
| |
| The Supreme Court's Messy Line of Decisions, and Not the Logically Consistent Theories of Legal Scholars, Are the Law | |
| |
| |
| |
| The Vast Majority of "Erie Decisions" Have Been Rendered by the Lower Federal Courts, Not the Supreme Court | |
| |
| |
| |
| The Decision in Erie R.R. v. Tompkins (1938) | |
| |
| |
| |
| What Erie Got Rid Of | |
| |
| |
| |
| Justice Story and Swift v. Tyson (1842) | |
| |
| |
| |
| What Was Wrong (Or Became Wrong) About Swift v. Tyson? | |
| |
| |
| |
| The Constitutional Basis of the Erie Decision | |
| |
| |
| |
| Taking Stock of Erie | |
| |
| |
| |
| The "Erie Doctrine" After Erie: From Klaxon (1941) to Walker (1980) | |
| |
| |
| |
| Klaxon v. Stentor (1941) | |
| |
| |
| |
| Limitations Periods: Guaranty Trust v. York (1945) | |
| |
| |
| |
| More Than Forum Shopping: Byrd v. Blue Ridge (1958) | |
| |
| |
| |
| The Role of the Rules Enabling Act: Hanna v. Plumer (1965) | |
| |
| |
| |
| Is There an "Unavoidable Conflict"? Walker v. Armco Steel (1980) | |
| |
| |
| |
| The "Erie Doctrine" After Walker v. Armco Steel | |
| |
| |
| |
| Burlington Northern Ry. v. Woods (1987) | |
| |
| |
| |
| Stewart Organization, Inc. v. Ricoh Corp. (1988) | |
| |
| |
| |
| Gasperini: A Return to the Byrd Problem? | |
| |
| |
| |
| The Latest: Semtek (2001) | |
| |
| |
| |
| Federal Common Law After Erie | |
| |
| |
| |
| Conflict of Laws in the International Sphere | |
| |
| |
| |
| Some Introductory Comments | |
| |
| |
| |
| Jurisdiction to Prescribe Under International Law | |
| |
| |
| |
| The Presumption Against Extraterritoriality | |
| |
| |
| |
| The Aramco Case: Title VII | |
| |
| |
| |
| Extraterritorial Application of the U.S. Antitrust Laws | |
| |
| |
| |
| The Presumption Against Territoriality as Applied to Other U.S. Laws | |
| |
| |
| |
| Why Aren't Aramco and the Other "Extraterritoriality" Cases Treated as Choice-of-Law Cases? | |
| |
| |
| |
| The Act-of-State Doctrine | |
| |
| |
| |
| The Constitution and the Flag: Extraterritorial Reach of the U.S. Constitution | |
| |
| |
| |
| The Status of International Law in American Courts | |
| |
| |
| |
| Comparative Choice of Law: Conflicts Law Outside the United States | |
| |
| |
| |
| Recognition of Foreign Judgments | |
| |
| |
| |
| A Leading Case of Doubtful Modern Authority: Hilton v. Guyot (1895) | |
| |
| |
| |
| Libel Tourism: A Case Study in the Recognition and Enforcement of Foreign-Country Judgments | |
| |
| |
| Table of Cases | |
| |
| |
| Index | |