CONFLICT OF LAWS
Professor Steven R. Swanson
Syllabus
Spring 2013
COURSE DESCRIPTION:
Conflict of Laws
Given the variations in the content of 50 states' laws, as well as the
differing legal regimes in a globalized world, lawyers need to be
familiar with many legal principles. This course provides an
overview of legal issues that arise when the facts underlying a
dispute involve more than one state or country. It will explore legal
principles that determine which state’s law will apply to a dispute
in many contexts including torts, contracts, and property. It will
also review principles of judicial jurisdiction and cover the effect
of judgments in states other than the one where the judgment was
initially rendered. The content of this course is tested on the Bar
exam in a majority of states.
COURSE OBJECTIVES:
The goal of this course is to teach you how to handle legal issues that involve the laws of more
than one state or country. Although this course will emphasize interstate conflicts, we will also
consider conflicts between United States and foreign laws.
In doing this, we will consider:
1. The traditional approach to choice of law
2. The contemporary approach to choice of law
3. Conflicts across the curriculum
4. Constitutional limits on choice of law
5. Recognition of Judgments
GRADING:
Your final grade will be based on a self-scheduled, three hour, closed book exam. I may
consider class participation in assessing your final grade.
CLASS PARTICIPATION AND ATTENDANCE:
Although I personally may find the ABA and Hamline rules relating to attendance to be
somewhat childish, we are all forced to live with them. Regular class attendance will be
expected. Students that miss more than three classes risk being removed from the class.
Class members will be assigned to prepare cases ahead of time. Many of the cases that
we cover in this class are complex, so come to class prepared to help your colleagues. If you are
having trouble with a case, you might want to read the unedited version to determine whether the
casebook authors have left out something important. Although some class assignments may
appear to be long, you will discover that the casebook author’s copious case notes following the
primary cases can generally be skimmed to get the main points. If you keep the book, you will
find them to be an amazing practice resource, but they are a bit overdone for a casebook.
LAPTOP POLICY
Students may use their laptops in class for course related purposes.
TWEN:
I have created a TWEN site for this class. At times, I may post materials on TWEN for
class use. Please sign up for TWEN, being sure to use a current e-mail address, so that I can
contact the class.
REQUIRED TEXT:
Symeonides & Perdue, Conflict of Laws: American, Comparative, International Cases
and Materials (3rd ed. 2012).
ASSIGNMENTS:
Class One: Introduction and Traditional Approaches
Read pp. 1-34
Alabama Great Southern
21
Class Two: Traditional Approach, Contracts
Read pp. 34-48
Milliken v. Pratt
34
Linn v. Employers Reinsurance
37
Class Three: Traditional Approach: Structure, Operation, and Escape Mechanisms
Read 48-64
Alabama Great Southern
50
Levy v. Daniels U-Drive
51
Haumschild v. Continental
57
Folk v. York-Shipley
59
Class Four: Traditional Approach: Substance v. Procedure; Application of Designated Law
Read pp. 64-88
Grant v. McAuliffe
66
Kilberg v. Northeast Airlines
69
Vest v. St. Albans Psychiatric Hospital
72
Estate of Wright
84
Class Five: Traditional Approach: Application of Designated Law
Read pp. 88-109
American Motorists Ins.
88
Braxton v. Anco Electric
94
Loucks v. Standard Oil
99
Kilberg v. Northeast Airlines
101
Owen v. Owen
102
Class Six: Traditional Approach: Exceptions and Proof of Foreign Law
Read pp. 109-134
Loucks v. Standard Oil
109
Attorney General of Canada
113
Geller v. McCown
123
Walton v. Arabian American Oil
124
Class Seven: The Conflicts Revolution; False Conflicts
Read pp. 135-159
Auten v. Auten
141
Haag v. Barnes
144
Babcock v. Jackson
151
Class Eight: False Conflicts
Read pp. 160-188
Rong Yao Zhou
O’Connor v. O’Connor
Bryant v. Silverman
160
171
179
Class Nine: False Conflicts/True Conflicts: Contracts
Read pp. 188-236
Milkovich v. Saari
188
Lilienthal v. Kaufman
215
People v. One 1953 Ford Victoria
225
Bernkrant v. Fowler
227
Class Ten: True Conflicts: Torts
Read pp. 236-265
Foster v. Leggett
Cipolla v. Shaposka
Eger v. E.I. Du Pont DeMours
Biscoe v. Arlington Co.
236
241
247
253
Class Eleven: Inverse Conflicts
Read pp. 265-290
Erwin v. Thomas
Kaiser-Georgetown Community
Neumeier v. Kuehner
265
269
277
Class Twelve: Split-Domicile Cross-Border Torts
Read pp. 290-321
Bernhard v. Harrah’s Club
291
Kearney v. Salomon Smith Barney
300
Class Thirteen: Conduct-Regulation Conflicts
Read pp. 321-354, 396-403
Padula v. Lilarn Properties
321
Gaither v. Miles
330
Simon v. U.S.
342
Class Fourteen: Conflicts Across the Curriculum
Read pp. 404-442
In re Air Crash Disaster
404
Gantes v. Kason Corp.
427
Class Fifteen: Party Autonomy in Contracts
Read pp. 442-478
DeSantis v. Wackenhut Corp.
443
Neddloyd Lines B.V. v. Superior Court
461
Class 16: Insurance and Statute of Limitations
Read pp. 478-508
Gilbert Spruance Co. v. Ins. Co.
479
Keeton v. Hustler Magazine
490
Class 17: Property
Read pp. 508-531
Autocephalous Greek-Orthodox
Hughes v. Hughes
508
519
Class 18: Successions, Status, and Corps.
Read pp. 531-570
Guidry v. Hardy
Estate of Renard
Hermanson v. Hermanson
McDermott v. Lewis
531
535
546
560
Class 19: Constitutional Limits on Choice of Law
Read pp. 571-626
Home Ins. v. Dick
572
Alaska Packers v. Industrial Accident
578
Allstate Ins. v. Hague
586
Phillips Petroleum v. Shutts
601
Sun Oil v. Wortman
614
Class 20: Recognition of Sister State Judgments (Full Faith & Credit)
Read pp. 892-923
Fauntleroy v. Lum
896
Yarborough v. Yarborough
899
Thomas v. Washington Gas Light Co.
907
Class 21: Full Faith & Credit
Read pp. 923-967
Durfee v. Duke
Baker v. General Motors
Williams v. North Carolina (II)
923
931
951
Class 22: Recognition of Foreign Country Judgments
Read pp. 1003-1025
Hilton v. Guyot
1003
Class 23: Recognition of Foreign Country Judgments
Read pp. 1025-1052
Hilton v. Guyot
1025
Nippon Emo-Trans v. Emo-Trans
1025
Hilton
1032
Cooley v. Weinberger
1033
Bank Melli Iran v. Pahlavi
1036
Bachan v. India Abroad Publications
1042