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Choice of Law

Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. The outcome of this process is potentially to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort or contract. The law which is applied is sometimes referred to as the "proper law".

Related Law Blog Posts

State of the Union Calls For Extension of School Choice and Charitable Choice
Among the laundry list of proposals in President Bush's State of the Union Message (full text) last night were these:We must also do more to help children when their schools do not measure up...

Article: The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies? Contracts
Theodore Eisenberg (Cornell Law School) and Geoffrey P. Miller (New York University) have on the NELLCO Repository posted a working paper titled “The Flight to New York: An Empirical Study of Choice of Law and Choice of Forum Clauses in Publicly-Held Companies? Contracts” (March 31, 2008, New York University Law and Economics Working Papers...

Choice Architecture, 401(k) Plans and the Argument for Restricting Choice
The topic of this article from yesterday’s Boston Globe, concerning behavioral economics and the idea that most people simply get it wrong when making investment choices with regard to retirement if they are left to their own devices, will be familiar to any long time reader of this blog, but it did catch my eye because its suggestion that employees need to be guided towards the right retirement choices echoes George Chimento’s point, which I discussed the other day, that perhaps 401(k) plans should actually be set up to take those choices away from employees and place them in the hands of someone with more knowledge about the subject...

MDL Panel Choice of Venue/Choice of Law
Alexandra D. Lahav, a law professor and editor of the Mass Tort Litigation Blog, has an interesting blog post on choice of law made by the MDL Panel in cases consolidated for discovery where the applicable law chosen may foretell the outcome of the case...

Will the Employee Free Choice Act undermine free choice?
Last year we reported on the Employee Free Choice Act (EFCA), the proposed pro-union legislation that would abolish secret ballot elections in favor of union card checks by employees...

Choice Of Law