Procedural Due Process: A Reference Guide to the United States Constitution

By Rhonda Wasserman | Go to book overview

7
Due Process Limitations on
Choice of Law

In multistate cases—cases in which the parties are from different states or events underlying the claim occurred in more than one state—the forum must choose which state's law should govern. Similar choice-of-law problems arise in cases with connections to more than one country. Ordinarily, when a court in the forum state chooses between the laws of two or more states or countries, it applies its own choice-of-law principles to make this selection. Choice-of-law principles are designed to select the most appropriate law to govern the multistate case and to ensure that the forum in which the suit is filed does not affect the outcome of the case.1 Many different choice-of-law theories exist2 and state courts have considerable freedom in selecting the choice-of-law theory to apply, which in turn yields the substantive and procedural law to govern the controversy. The Constitution does impose a modest check, however, on a state's authority to choose its own law to govern the controversy.

The Due Process Clause of the Fourteenth Amendment and the Full Faith and Credit Clause of Article IV of the Constitution provide the primary restrictions on choice of law, although other clauses of the Constitution have relevance as well.3 After a brief examination of the relationship between full faith and credit and due process in this context, we will focus on the extent to which the Due Process Clause limits state choice-of-law decisions, beginning first with the early Supreme Court decisions and moving on to current standards.


CONSTITUTIONAL SOURCES OF THE LIMITATIONS
ON STATE CHOICE OF LAW

The Due Process Clause of the Fourteenth Amendment does not explicitly regulate state choice of law. Thus, one wonders why it was interpreted to regulate choice of law; how the limitations on choice of law imposed by the Due Process Clause mesh with those imposed by the Full Faith and Credit Clause; and whether

-263-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Procedural Due Process: A Reference Guide to the United States Constitution
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Series Foreword ix
  • Foreword xiii
  • Acknowledgments xv
  • 1: The History of Due Process 1
  • 2: Preliminaries 21
  • 3: Notice and the Opportunity to Be Heard 63
  • 4: The Form and Extent of Notice 129
  • 5: Due Process Limitations on the Binding Effect of Judgments 163
  • 6: Due Process Limitations on Personal Jurisdiction 207
  • 7: Due Process Limitations on Choice of Law 263
  • Bibliographical Essay 289
  • Table of Cases 325
  • Index 351
  • About the Author 379
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 380

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.