Friday, January 23, 2009
Symeon Symeonides (Willamette) has posted Choice of Law in Cross-Border Torts on SSRN. 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.
One of the article's findings is that, over the last forty years, American cases involving cross-border torts have applied the law favoring the tort victim 86 percent of the time.