New article—Constitutionalizing Choice of Law: The Temptation of the Dark Side
I have a short article out in the Harvard Journal of Law and Public Policy, on the Constitution and choice of law. There’s no abstract, but here’s how it begins:
What does the Constitution have to say about interstate relations? Well, it depends on how you ask.
One of the main topics in interstate relations is the question of what is called choice of law, which sounds very technical but fundamentally is the question of who governs—that is, which state gets to govern any given transaction.
The same kind of question comes up at the federal level—federal law versus state law—but it is dealt with by the Supremacy Clause of the Constitution, which makes clear that if a federal law is constitutional, it is controlling.1But there is no Supremacy Clause for state law, which has forced people who worry about this question t
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