Using TLB to Teach Conflict of Laws

This post continues our series explaining how professors can use resources on TLB to teach various classes. Previous posts have discussed Transnational Litigation, Civil Procedure, and International Business Transactions. This post discusses Conflict of Laws. All of these posts are accessible at our new Teaching Resources page.

Primers and Topic Pages

The field of conflict of laws covers three primary topics: (1) personal jurisdiction, (2) choice of law, and (3) enforcement of judgments. TLB has published posts on each of these. TLB has also published a growing number of “primers” on topics relevant to Conflict of Laws, including choice of law clauses, extraterritoriality, foreign judgments, and forum selection clauses. These primers are a good way to bring students up to speed quickly on a topic. Each primer links to more in-depth posts and resources.

In addition to these primers, TLB’s topic pages include links to important primary materials—including cases, statutes, and treaties—as well as significant works of scholarship. The topic pages also collect recent posts in reverse chronological order, providing opportunities to build students’ awareness of current developments and spark class discussion.

A Selection of Relevant Posts

Below are some suggestions of relevant posts dealing with areas often covered in Conflict of Laws. The order generally follows the organization of Conflict of Laws: Cases and Materials (8^th edition, 2019), by Brilmayer, Goldsmith, O’Hara O’Connor, and Vazquez. Professors can easily rearrange the topics, however, if they are using other books or their own materials.

Choice of Law

• A Printable Chart Listing Choice-of-Law Methodologies Used by U.S. States
• Who Owns the Ferrari F50?
• Multistate Defamation, Cross-Border Torts, and Choice of Law

Personal Jurisdiction

• Corporate Registration and Jurisdiction in Transnational Litigation
• S.D.N.Y. Holds Consent-Based Personal Jurisdiction over the PLO Unconstitutional
• Foreign Defendants and the Future of Personal Jurisdiction
• Non-Signatories, Forum Selection Clauses, and Personal Jurisdiction in the SDNY

 Enforcement of Foreign Judgments

• A Primer on Foreign Judgments
• Fair Use, the First Amendment, and the Enforcement of Foreign Judgments
• Enforcing Chinese Judgments

Extraterritoriality

• A Primer on Extraterritoriality
• Throwback Thursday: American Banana and the Presumption Against Extraterritoriality
• The Extraterritorial Application of State Wage and Hour Laws

Choice of Law Clauses

• A Primer on Choice of Law Clauses
• Throwback Thursday: Choice-of-Law Clauses Through the Lens of Contract
• The Comparative Value of Choice-of-Law and Forum Selection Clauses
• A List of State Statutes Validating Choice-of-Law Clauses (linked from Choice of Law Clauses topic page)
• A List of State Statutes Invalidating Choice-of-Law Clauses (linked from Choice of Law Clauses topic page)

Forum Selection Clauses

• A Primer on Forum Selection Clauses
• Interpreting Foreign Forum Selection Clauses
• Throwback Thursday: Canada, Cannabis, and Forum Selection Clauses
• Exclusive Forum Selection Clauses in the First Circuit
• A List of State Statutes Validating Forum Selection Clauses (linked from the Forum Selection Clauses topic page)
• A List of State Statutes Invalidating Forum Selection Clauses (linked from the Forum Selection Clauses topic page)