Conflict of Laws

3 units

Conflict of Laws considers the following three questions: What law applies to cases connected to more than one state or country (choice of law)? What courts have the authority to decide such cases (jurisdiction)? What is the effect elsewhere of a court's decision in such cases (recognition of judgments)? The cases examined span a range of subject matters, including torts, contracts, and property, just to name a few examples. Today, family law cases provide especially fertile ground for analysis in Conflict of Laws, given different states' and countries' varying positions and policies on topics such as same-sex marriage, adoption, abortion, and surrogacy arrangements. Other timely contexts include mass tort cases and controversies in Cyberspace. Although the course emphasizes conflicts among the American states, selected international problems are included. The course covers material that is both theoretical and practical. In terms of theory, the course explores questions of power, authority, and the nature of law, in light of the courts' evolving understanding of such concepts. In terms of practice, the course confronts a reality of the modern world: the vast majority of legal problems today are not confined to a single state or even a single country. Because class discussion is a vital part of the course, regular class attendance and preparation are required, and students may not use laptops. Grades will be based on a closed-book final exam and additional points for class participation. 3 units.