Article by Clay H. Kaminsky
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 new EU regulation against the facts of influential conflicts cases of the New York Court of Appeals and argues that it performs well by an interest-analysis standard. An assessment of Rome II as a model for a U.S. codification concludes the Article.
About the Author
Clay H. Kaminsky. Law Clerk to the Honorable Allyne R. Ross, United States District Court for the Eastern District of New York. A.B. 2005, Harvard University; J.D. 2009, New York University School of Law.
Citation
85 Tul. L. Rev. 55 (2010)