Conflict of Laws in Massachusetts, Part II: Related Problems in Selecting the Applicable Law
Massachusetts Law Review, Vol. 92, No. 2, p. 87, 2009
16 Pages Posted: 5 Aug 2011
Date Written: 2009
Abstract
This article is a survey of conflict of laws principles in Massachusetts. It explains the historical and current Massachusetts approach to conflict of laws issues, and then applies that methodology to a variety of substantive and procedural topic areas. It concludes with recommendations for ways that Massachusetts courts can improve their analysis of these problems to promote fair and consistent outcomes.
Keywords: conflict of laws, conflict of law, choice of law, Massachusetts, Bushkin, Pevoski, Second Restatement, Leflar, Currie, functional approach, flexible approach, Section 6, three-tier, three-level, Nierman, choice of law clause, choice of forum clause, conflict, conflicts, Suffolk, Glannon, Teninbaum
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