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August 26, 2005
Conflicts
I have a feeling I'll be posting about this a lot over the next few months. I think Conflicts of Law is a fascinating subject. There are at least four different methods by which state courts arrive at the answer of which state's laws to apply to an inter-jurisdictional dispute and they are all vague, confusing and clearly not up to the task. My first question, after three days of Conflicts is this:
Why hasn't Congress invoked the commerce power and drafted a uniform set of conflicts statutes? Is it because it's too much of a mess? It certainly is and would take a group of hard-working staffers a long time to draft such legislation. Is it because Congress is worried about states' rights? That hasn't stopped them before, no matter the result.
It has to have been considered at some point.
Posted by Half-Cocked at August 26, 2005 07:03 PM
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Comments
Why hasn't Congress invoked the Commerce Clause (not really a 'commerce power' at all) to pass a uniform set of "Regulation of Everyday Life" statutes? Because its a bad idea, thats why.
Didn't anyone warn you that the over-broad reading of the CC will be the ruin of state's rights, and, by extension, your rights?
Conflicts would cease to be conflicts if Congress could get away with your idea. Wassamatter? No respect for tradition? Hate your conflicts prof?
Posted by: PTG at September 19, 2005 09:36 AM
PTG: Conflicts of Law has nothing to do with the "Regulation of Everyday Life," but with the regulation of the law.
I'm not saying it's a good idea, anyway, I'm just surprised it hasn't been tried.
Posted by: Steve at September 19, 2005 11:37 AM