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Choice of Law in the American Courts in 1992: Observations and Reflections

Choice of Law in the American Courts in 1992: Observations and Reflections PATRICK J. BORCHERS Choic e of La w i n th e America n Court s i n 1992: Observation s an d Reflections INTRODUCTION For several years now, th e Conflict of Laws Section of th e Associ­ ation of American Law Schools ha s drafted someone to review, in ar­ ticle form, the year's developments in choice of law. These articles have taken a variety of forms. Most have been very comprehensive reviews of the reported cases. But at least the recent survey, au­ thored by Professor Kramer, instead of reviewing all of the cases, opted for an exposition on recurring phenomena in American conflicts cases. At least two factors have persuaded me to take the latter ap­ proach. The first is the volume of cases that would have to be in­ cluded in any truly comprehensive review. The state and federal courts produce several hundre d published decisions each year dealing with choice of law in some way. Review of all or most of the m would be tedious. The second is tha t the realities of law review publication mea n tha t this article will not reach library shelves until well after its writing. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Choice of Law in the American Courts in 1992: Observations and Reflections

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Publisher
Oxford University Press
Copyright
© 1994 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840729
Publisher site
See Article on Publisher Site

Abstract

PATRICK J. BORCHERS Choic e of La w i n th e America n Court s i n 1992: Observation s an d Reflections INTRODUCTION For several years now, th e Conflict of Laws Section of th e Associ­ ation of American Law Schools ha s drafted someone to review, in ar­ ticle form, the year's developments in choice of law. These articles have taken a variety of forms. Most have been very comprehensive reviews of the reported cases. But at least the recent survey, au­ thored by Professor Kramer, instead of reviewing all of the cases, opted for an exposition on recurring phenomena in American conflicts cases. At least two factors have persuaded me to take the latter ap­ proach. The first is the volume of cases that would have to be in­ cluded in any truly comprehensive review. The state and federal courts produce several hundre d published decisions each year dealing with choice of law in some way. Review of all or most of the m would be tedious. The second is tha t the realities of law review publication mea n tha t this article will not reach library shelves until well after its writing.

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1994

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