This course examines how courts choose which law should be applied to transactions, relationships, or occurrences having contacts with more than one state in the United States, or with the United States and a foreign nation. The course will also touch on adjudicatory jurisdiction, recognition of foreign judgments, and tribal sovereignty of American Indian nations. We will address the various approaches adopted by states and/or advocated by scholars, focusing on cases involving torts, contracts, property, family law, procedure, and tribal sovereignty. Roughly one-half of the class days will be devoted to a series of moot court exercises. Students will present oral arguments and act as judges, both asking questions and meeting in conference to decide the cases. Students will be required to write short, two-page memoranda on a substantial number of the problem cases and to write a 10-page proposed opinion on one of the moot court cases that will be due at the end of the semester.
The grade will be based on these papers and the moot court oral presentations. There is no exam. Enrollment is limited to upper level students; 1Ls are not eligible to take this course. Anyone on the waitlist who wants to take the course must attend the first class.
Prerequisite: For LLM students only, students must have taken property, torts, or contracts in the fall semester to be eligible for this course. Anyone on the waitlist who wants to take the course must attend the first class.