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Topic: Choice of Law

Rethinking the Harmonization of Jurisdictional Rules

Simona Grossi | Article
In the aftermath of the various unsuccessful attempts by the Hague Conference to devise an international convention on jurisdiction and recognition and enforcement of judgments, this work examines what the common law and civil law delegations to the Conference considered irreconcilable differences between their respective jurisdictional laws. This Article studies the historical and functional evolution of these allegedly irreconcilable jurisdictional categories, examines their underlying ideas (for example, “minimum contacts” and due process analysis, forum non conveniens, and tag jurisdiction), and suggests a new method of analysis, which generates a unified approach to jurisdictional law and choice of law rules. The [...]
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The Rome II Regulation: A Comparative Perspective on Federalizing Choice of Law

Clay H. Kaminsky | Article

This Article analyzes the Rome II Regulation, which entered into effect on January 11, 2009, and established uniform choice-of-law rules for noncontractual obligations in the European Union. Rome II is of particular interest to U.S. scholars because its federal and international character and nearly comprehensive scope make it a potential model for a new U.S. Restatement or federal statute. Beginning with its text, context, and legislative history, this Article examines Rome II in the comparative light of state-level codifications in the United States and the general theory of state-interest analysis developed during the American “conflicts revolution.” The Article tests the [...]

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