Below is the abstract for “Simplifying Choice of Law Interest Analysis,” available for download on SSRN.

Modern choice of law doctrine invites judges to consider the interests that states have in applying their law to a dispute. But modern choice of law doctrine has never provided judges with a rubric by which to conduct this interest analysis. This trend continues in the proposed draft of the Restatement (Third) of Conflicts of Law.

This paper attempts to fill that void by proposing an extremely simple rubric by which judges can determine whether a state has an interest in applying its law to a horizontal choice of law dispute. In actuality, the rubric proposed herein reaches the results that most courts have reached without the rubric. The rubric, however, will make it much easier to reach that result.

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Luke Meier

Baylor University Law

Luke Meier joined the Baylor faculty after stints at the University of Nebraska College of Law and the Drake University Law School. Meier graduated with high honors from the University of Texas School of Law. Meier clerked on the United States Court of Appeals for the Tenth Circuit for Judge Michael Murphy and Meier worked as a civil litigator for both Vinson & Elkins and also for the State of Texas as an Assistant Attorney General. Professor Meier's primary research interests relate to the jurisdiction of federal courts.

 

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