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| Introduction | |
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| The Territorial Approach to Choice of Law: Concepts and Limitations | |
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| Lex Loci: The Traditional Approach to Choice of Law | |
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| The Lex Loci Approach in Tort Cases: The Carroll Case | |
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| The Lex Loci Approach in Contract Cases: Milliken v. Pratt | |
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| The Lex Loci Approach in Property Cases | |
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| Other Areas | |
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| "Escape Devices" | |
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| Characterization | |
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| Substance and Procedure | |
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| Renvoi | |
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| Public Policy | |
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| Pleading and Proving Foreign Law | |
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| Modern Approaches to Choice of Law | |
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| The Scholarly Critique of the Territorial Approach | |
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| New York and the "Center of Gravity" Approach: Auten and Haag | |
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| Interest Analysis: The Currie Approach | |
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| Choice of Law as an Exercise in Interpretation and Construction | |
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| Identification of False and True Conflicts: The Heart of Interest Analysis | |
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| Criticisms of the Currie Approach | |
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| Identifying False Conflicts in New York: Guest Statutes and Beyond | |
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| Guest Statutes in the New York Courts: Babcock, Dym, and Tooker | |
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| Contiguous-Border Torts and the "Neumeier Rules" | |
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| Conduct Regulation and Loss Distribution: Beyond Guest Statutes | |
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| Resolving True Conflicts | |
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| Currie's Approach | |
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| Comparative Impairment | |
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| Other Solutions: "Principles of Preference" and "Shared Policies" | |
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| Territoriality Redux? | |
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| The Second Restatement: The "Most Significant Relationship" | |
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| Torts | |
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| Contracts | |
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| The Better Law | |
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| Does It Matter? | |
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| A Few Areas of Modern Interest | |
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| A View of the Landscape | |
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| Statutory Solutions to Choice of Law | |
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| The "Rule of Validation," Party Autonomy, and Enforcement of Contractual Choice-of-Law Provisions | |
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| Conflict of Laws and the Uniform Commercial Code | |
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| Insurance Conflicts | |
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| Conflicts in Products Liability Litigation: Two Examples | |
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| Complex Litigation | |
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| Conflicts in Cyberspace | |
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| Constitutional Limitations on Choice of Law | |
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| Due Process | |
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| The Dick Case | |
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| Values Protected by the Due Process Clause: Fairness to Individuals, Reasonable Foreseeability, and Protection from "Unfair Surprise" | |
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| Full Faith and Credit | |
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| The 1930s Cases on Full Faith and Credit and Choice of Law | |
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| The Continuing Relevance of Pacific Employers | |
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| Due Process and Full Faith and Credit, Merged | |
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| Implementing Dick and Pacific Employers: The Watson and Clay Cases | |
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| The Modern Cases: Hague and Shutts | |
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| Full Faith and Credit, National Unity, and Sovereign Immunity | |
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| The Privileges & Immunities Clause and the Problem of Discrimination in Choice of Law | |
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| Other Constitutional Provisions | |
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| The Obligation to Provide a Forum | |
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| Hughes v. Fetter (1951) | |
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| Tennessee Coal, Iron & R.R. Co. v. George (1914) | |
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| Recognition of Judgments | |
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| The Basics of Claim and Issue Preclusion: A Review | |
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| The Terminology of Preclusion | |
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| Claim Preclusion | |
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| The Claim Preclusion Principle Defined | |
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| The "Same Claim" | |
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| The "Same Parties" | |
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| A "Judgment on the Merits" | |
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| Some Additional Issues | |
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| Issue Preclusion | |
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| The Same Issue: What Is an "Issue"? | |
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| Actually Litigated and Determined | |
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| Essential to the Judgment | |
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| Nonmutuality in Issue Preclusion | |
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| Nonmutuality, Complex and Public Law Litigation, and Class Actions | |
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| The Limits of Preclusion | |
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| The Difference Between Preclusion and Precedent | |
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| Interjurisdictional Preclusion and Full Faith and Credit | |
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Full Faith and Credit: Article IV and
28. U.S.C. � 1738 | |
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| The Basic Doctrine: Fauntleroy v. Lum | |
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| Interjurisdictional Recognition and the Role of State Interests | |
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| Workers' Compensation: An Exception to Full Faith and Credit? | |
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| Full Faith and Credit to Judgments Rendered Without Jurisdiction | |
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| Full Faith and Credit, Real Property, and Jurisdiction | |
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| Full Faith and Credit to Equitable Decrees | |
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| Congress's Power to Legislate Pursuant to the Full Faith and Credit Clause and the Problem of "Partial Repeal" of � 1738 | |
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| Conflict of Laws and Domestic Relations | |
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| Marriage | |
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| Divorce | |
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| Ex Parte Divorce and Full Faith and Credit: The Williams Decisions | |
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| Divorce by Consent | |
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| Foreign Divorces Not Subject to Full Faith and Credit | |
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| Dissolution of Same-Sex Marriages and Civil Unions | |
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| The Incidents of Marriage and "Divisible Divorce" | |
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| Interstate Recognition of Child Custody Decrees | |
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| Full Faith and Credit and Domestic Child Custody Decrees | |
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| International Child Abduction: The Hague Convention | |
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| Spousal and Child Support Orders | |
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| The Law Applied in Federal Courts | |
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| The "Erie Doctrine": An Introduction | |
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| Why Discuss Erie in a Book on Conflict of Laws? | |
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| The Three Broad Dimensions of the "Erie Doctrine" | |
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| "Substance" vs. "Procedure" | |
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| The Role of the Constitution in the "Erie Doctrine" | |
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| Federal Courts Sitting in Diversity: Surrogates for State Courts or an Independent Judicial System? | |
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| The Supreme Court's Messy Line of Decisions, and Not the Logically Consistent Theories of Legal Scholars, Are the Law | |
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| The Vast Majority of "Erie Decisions" Have Been Rendered by the Lower Federal Courts, Not the Supreme Court | |
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| The Decision in Erie R.R. v. Tompkins (1938) | |
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| What Erie Got Rid Of | |
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| Justice Story and Swift v. Tyson (1842) | |
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| What Was Wrong (Or Became Wrong) About Swift v. Tyson? | |
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| The Constitutional Basis of the Erie Decision | |
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| Taking Stock of Erie | |
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| The "Erie Doctrine" After Erie: From Klaxon (1941) to Walker (1980) | |
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| Klaxon v. Stentor (1941) | |
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| Limitations Periods: Guaranty Trust v. York (1945) | |
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| More Than Forum Shopping: Byrd v. Blue Ridge (1958) | |
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| The Role of the Rules Enabling Act: Hanna v. Plumer (1965) | |
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| Is There an "Unavoidable Conflict"? Walker v. Armco Steel (1980) | |
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| The "Erie Doctrine" After Walker v. Armco Steel | |
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| Burlington Northern Ry. v. Woods (1987) | |
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| Stewart Organization, Inc. v. Ricoh Corp. (1988) | |
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| Gasperini: A Return to the Byrd Problem? | |
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| The Latest: Semtek (2001) | |
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| Federal Common Law After Erie | |
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| Conflict of Laws in the International Sphere | |
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| Some Introductory Comments | |
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| Jurisdiction to Prescribe Under International Law | |
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| The Presumption Against Extraterritoriality | |
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| The Aramco Case: Title VII | |
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| Extraterritorial Application of the U.S. Antitrust Laws | |
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| The Presumption Against Territoriality as Applied to Other U.S. Laws | |
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| Why Aren't Aramco and the Other "Extraterritoriality" Cases Treated as Choice-of-Law Cases? | |
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| The Act-of-State Doctrine | |
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| The Constitution and the Flag: Extraterritorial Reach of the U.S. Constitution | |
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| The Status of International Law in American Courts | |
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| Comparative Choice of Law: Conflicts Law Outside the United States | |
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| Recognition of Foreign Judgments | |
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| A Leading Case of Doubtful Modern Authority: Hilton v. Guyot (1895) | |
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| Libel Tourism: A Case Study in the Recognition and Enforcement of Foreign-Country Judgments | |
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| Table of Cases | |
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| Index | |
