Essay by Luther L. McDougal III
Although over the years several commentators have suggested that interstate and international policies should play a significant role in choice-of-law cases, their statements have been in very abstract terms. Two contemporary choice-of-law theories, the Restatement (Second) of Conflict of Laws and Leflar's choice-influencing considerations, which are widely used by the judiciary today indicate that interstate and international policies are either principles or considerations that should be taken into account in choice-of-law cases. Yet, these policies have received scant attention by the courts and commentators. This is particularly true in tort cases. One purpose of this Essay is to suggest some possible relatively concrete interstate and international policies. These are being proposed not as the ultimate or exclusive policies that courts should consider, but rather as a technique for encouraging further discourse on relevant interstate and international policies in choice of law.
About the Author
Luther L. McDougal III. W.R. Irby Professor of Law, Tulane University School of Law.
Citation
70 Tul. L. Rev. 2465 (1996)