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- Title
Choice-of-Law as Non-Constitutional Federal Law.
- Authors
Rosen, Mark D.
- Abstract
The article discusses why choice-of-law (COL) is best understood as non-constitutional U.S. federal law and not state law, focusing on American sovereignty, COL's "Single System Requirement," and the 1938 U.S. Supreme Court's (USSC's) determination in the case Erie Railroad Co. v. Tompkins that "[t]here is no federal general common law" in America. Private international law and legal positivism are examined, along with the COL-related USSC case Klaxon Co. v. Stentor Electric Manufacturing Co.
- Subjects
UNITED States; CONFLICT of laws; FEDERAL laws; CONSTITUTIONAL law; STATE laws; ERIE Railroad Co. v. Tompkins; LEGAL positivism; SOVEREIGNTY; KLAXON Co. v. Stentor Electric Mfg. Co. (Supreme Court case); CONFLICT of laws -- Cases; ACTIONS &; defenses (Law)
- Publication
Minnesota Law Review, 2015, Vol 99, Issue 3, p1017
- ISSN
0026-5535
- Publication type
Article