Addresses the conflicts that arise when the significant facts of a case are connected with more than one jurisdiction, whether that jurisdiction belongs to a state, the federal government, or a foreign government. The subject is studied in its theoretical and historical context, with special emphasis on the international aspects of extraterritorial jurisdiction.
Meeting Times & Locations:
||2:30 PM - 3:50 PM
Syllabus: Spring 2011 Conflicts Syllabus.pdf
Advice Info: The field of Conflict of Laws, also known as Private International Law, is concerned with those problems arising from disputes implicating the laws of more than a single jurisdiction. Such problems are generated in disputes involving the competing jurisdictions of states, competing jurisdictions between states and the federal government, and competing jurisdictions between the federal government and a foreign sovereign. The focus of the field lies in juridical attempts to come up with a consistently predictable strategy for producing the right rule of decision in any given dispute. Our study of the subject will emphasize the theory of jurisdictional conflict in historical context, with examinations of the ideas of Joseph Story, Joseph Beale, William Wheeler Cook, Brainerd Currie, and Robert Leflar, as well as critiques regarding formalism, legal realism, legal pragmatism, legal pluralism, and culture.
Due to our emphasis on philosophical and international issues, I strongly discourage those students seeking to take this course solely for the reason that it is offered on the Colorado Bar Exam.
Textbook Info: Symeonides, Perdue & Von Mehren, Cases and Materials on Conflict of Laws: American, Comparative and International, (Gale Cengage, 2nd, 2004), ISBN 9780314264732.