This course focuses on the issues and legal rules that are implicated when a controversy is susceptible to being governed by more than one law, sovereign, or legal authority. The course will address “choice of law” issues in both the domestic and international contexts, i.e., it will address how courts go about choosing the law that governs disputes with trans-border implications. In addition, the course will analyze some of the ways in which the U.S. Constitution regulates conflicts of law within the United States. Among other things, the course will address the enforceability of judgments, the legislative jurisdiction of the states, the judicial jurisdiction of the state and federal courts, the federal preemption of state law, and the application of state law in federal court. By definition, Conflict of Laws implicates a wide variety of substantive legal fields. In this course, conflicts within the Tort and Family Law contexts will be addressed in particular detail. Among the other substantive legal areas included will be Contracts, Property, Antitrust, Maritime, and International Human Rights Law.
This elective course is normally offered every year.