CONFLICT OF LAWS
Fall 2016
10:30 am–12:00 pm, MW
University of Houston Law Center
Dr. Katayoun Alidadi
Class policies and syllabus
I.
Course description
Welcome to Conflict of Laws! In this class we will learn about the fascinating area of law
dealing with various questions in disputes with multistate or international aspects or parties.
Interstate commerce, transnational transactions and the ease of travel present (and will continue
to present) key questions for the Conflict of Laws, some of which are still awaiting satisfactory
resolution. We generally separate between three realms or ‘branches’ of Conflict of Laws, in
the chronological order in which they arise (which is also the order we will treat them, contra
our casebook) these are: (1) jurisdiction, (2) choice of law, and (3) recognition and enforcement
of judgments. For each of these branches, we will address foundations, sources, concepts, rules,
constitutional limitations, jurisprudential developments and old/contemporary debates. The
course deals with multistate Conflict of Laws as well as International Conflict of Laws (In
Europe and Asia: Private International Law), with particular attention to cases coming out of
Texas, and we will also study some of the solutions foreign countries have designed for
problems which similarly arise in the US.
In the area of globalization, it has become increasingly urgent for lawyers to understand,
research, plan and strategize for various Conflict of Laws contingencies including in contracts,
torts, property, wills and trusts, and family law. At times, the life or death of a case may very
well depend on it, i.e. answers to questions of jurisdiction, choice of law and recognition of
judgments can determine the outcome of the case (rendering them much more than merely
‘procedural’).
II.
Course materials
The casebook used will be P. Hay, R. Weintraub and P. Borchers, Conflict of Laws: Cases and
Materials (14th ed.), Foundation Press (‘CB’ in reading assignments). ISBN–13:978-1-60930276-4.
Additional reading will be posted on Blackboard.
Also recommended, but not required, is West's Conflicts in a Nutshell (by P. Borchers). This
will give you a head start on many of the issues we will discuss in more detail in class.
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III.
Class attendance and class preparation
We will meet Mondays and Wednesdays from 10:30 am to noon.
You should endeavor to attend all classes. You will notice issues and case discussions will
become increasingly challenging and we will build on previous class discussions. UHLC
policies require at least 80 % attendance (i.e., you may be dropped from the class if you miss
five or more classes). Please make sure to sign in the attendance sheet passed around at the
beginning of each class.
To facilitate our class discussions, 3–4 students will be on-call each class. I will ask you to sign
up for a designated number of panels. On the days of your panels, you should have prepared
extensively for class and should expect to be called on. Even if you are not on-call, come to
class prepared to engage in discussions: your participation is welcomed and encouraged.
You may use your laptop in class but please use the internet–especially social media–sparingly
during classes. In my experience, this distracts not only yourself but those around you as well.
IV.
Contact information
I do not have formal office hours, but I am always available after classes or at another scheduled
time to discuss any questions, concerns, suggestions or feedback you may have. Please feel free
to contact me at alidadi@eth.mpg.de to make an appointment. I welcome your feedback on the
course, subjects discussed, the reading assignments or other issues as I consider these valuable
insights on how to improve the course.
V.
Exam and grading
The final exam will be on December 12 (from 9 am to noon) and is open-book: you may use
your casebook, notes or other materials. It will include multiple choice/true-false-explain
questions and essay questions. Your grade will be based on your performance on this final
exam, but excellent class participation can raise your grade by one notch (e.g. from B- to B+).
This course also requires a short mid-semester paper (around 5 pages) in which you analyze a
case under applicable Conflict of Laws rules. Failure to turn in this paper will result in a
reduction of a partial letter grade. A thorough and convincing analysis may raise your final
grade by one notch, but this exercise is above all an opportunity to get feedback on your research
and writing ahead of the exam.
VI.
Accommodation
If you require accommodations, I encourage you to contact the Center for Students with
Disabilities. I also encourage you to contact me, so we can discuss how to facilitate any
accessibility problems or meet other particular needs.
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Course outline and reading assignments*
*Please be advised that these assignments may be altered based upon the amount of material
that we get through in class. There may be additional readings posted on Blackboard. Any
alterations will be announced as soon as possible.
Reading assignments
1.
Monday
August 22
Introduction and domicile, CB, p. 1–17
2.
Wednesday
August 24
Domicile and jurisdiction, CB, p. 20–33
3.
Monday
August 29
Jurisdiction of courts: general considerations,
CB, p. 35–55
4.
Wednesday
August 31
International Shoe and progeny, CB, p. 55–86
Monday
September 5
No class - Labor day Holiday
5.
Wednesday
September 7
Personal jurisdiction, CB, p. 96–102; 112–124
6.
Monday
September 12
In rem jurisdiction, long-arm statutes, CB, p.
133–149; 156–161
7.
Wednesday
September 14
Constitutional and other restraints on
jurisdiction, forum non conveniens, CB, p.
163–182; 209–212
8.
Monday
September 19
Constitutional limitations on choice of law,
CB, p. 339–348; 359–369; 375–384
9.
Wednesday
September 21
Choice of law, public policy exception, CB, p.
387–408; 427–434
10. Monday
September 26
Choice of law, Phillips Petroleum, State Farm,
CB, p. 370–386
11. Wednesday
September 28
Choice of law, notice and proof of foreign law,
CB p. 387–393; 399–408
12. Monday
October 3
Choice of law, Sun Oil, Restatement (Second)
of Conflict of Laws, CB, p. 427–441; 448–455
13. Wednesday
October 5
From traditional to modern approaches in the
choice of law, CB, p. 457–467;471–477; p.
485–487; 492–498
14. Monday
October 10
From traditional to modern approaches in the
choice of law (cont.), CB, p. 499–524
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15. Wednesday
October 12
From traditional to modern approaches in the
choice of law (cont.), CB, p. 540–564
16. Monday
October 17
From traditional to modern approaches in the
choice of law (cont.), CB, p. 567–572; 594–
597; 622–632
17. Wednesday
October 19
Specific problems in federal courts, Erie
doctrine, CB, p. 639–650; 654–674
18. Monday
October 24
Specific problems in federal courts, Erie
doctrine (cont.), CB, p. 675–695
19. Wednesday
October 26
International conflicts cases, the role of
treaties, CB, p. 707–729; 732–745
20. Monday
October 31
Recognition and enforcement of foreign
judgments, CB, p. 219–234
21. Wednesday
November 2
Recognition and enforcement, Full Faith and
Credit Clause, CB, p. 234–244; p. 266–281
22. Monday
November 7
Recognition and enforcement, Full Faith and
Credit Clause (cont.), CB, p. 286–304; 316–
322
23. Wednesday
November 9
Capita selecta: multistate and international
family law disputes, CB, p. 823–844
24. Monday
November 14
Divorce, Custody, CB, p. 845–874; 891–913
25. Wednesday
November 16
Capita selecta: agency, partnerships and
corporations, CB, p. 977–981; 987–1005
26. Monday
November 21
European International Private Law, CB, p.
1023–1090 (skim Brussels I and IIbis EU
regulations)
Wednesday
27. Monday
November 23
November 28
No class - Thanksgiving break
European International Private Law (cont.)
and review, p. 1023–1090 (skim Brussels I and
IIbis EU regulations)
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