This course will examine three major concepts: Which government can apply its law to regulate particular activities (choice of law), which courts can hear disputes regarding particular activities (choice of forum), and the extent to which one government must recognize the court decisions issued by another government's courts. These topics are of both practical and theoretical importance. Practically speaking, both litigators and transactional attorneys must understand and know how to work with choice of law and choice of forum principles. Theoretically, these concepts explore the ways in which different governmental systems relate to each other. Primary emphasis will be placed on domestic US law, particularly that of state governments. The course will also include an examination of how tribal governments and tribal courts fit into the U.S. system.
Currie, Kay, Kramer and Roosevelt's Conflict of Laws: Cases and Comments (8th edition, West 2010)
The class will be taught using primarily the Socratic method and a problem method approach.
The course will be graded based on the final exam, but students will also be assigned several problem sets over the course of the semester to practice applying the various concepts discussed in the course.
|Type of Exam||
Traditional essay exam.
|Basis for grading|