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Disentangling Choice of Law for Torts and Contracts


Rick Kirgis


August 6, 2015

In a federal system with state lines that are easily crossed, physically and electronically, legal disputes often raise choice-of- law issues. Common among those disputes are torts and contracts cases. The courts have taken a variety of approaches to these cases, leading to inconsistent results that depend largely on which forum the plaintiff selects. Judicial fairness and economy dictate, or should dictate, that the choice-of-law issues be resolvable consistently and without unnecessarily tying up the courts or imposing large litigation costs, if it can be done in a principled manner. This article shows how it could be done.


Rick Kirgis, Disentangling Choice of Law for Torts and Contracts, 72 Wash. & Lee L. Rev. Online 71 (2015).