Tuesday, January 27, 2009
Dean Symeonides has published another article on choice of law, and posted it on the SSRN. In it, he analyzes how states have been dealing with the choice of law question over the past 40 years in "cross-border" torts (torts where "the injurious conduct and the resulting injury occur in different states or countries"). Here's a clip from the abstract:
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of cross-border torts generated by the spectacular expansion of cross-border activity now known as globalization; and (2) the advent of the American choice-of-law revolution, which succeeded in demolishing the old regime in forty-two U.S. jurisdictions, but failed to replace it with anything resembling a unified system.
Download the whole article here.