On Preemption, Congressional Intent, and Conflict of Laws

Authors

  • Mary J. Davis

DOI:

https://doi.org/10.5195/lawreview.2004.38

Abstract

Conflict of laws theory explores how courts should decide which law governs a dispute or transaction when more than one legal authority has a legitimate connection with the dispute, and thus a legitimate claim to having its law applied to it.1 Conflict of laws theory, thus, explains the delicate balancing act in which courts engage to allocate power among sovereigns with overlapping authority. It seeks to promote and accommodate a variety of goals in achieving this end: respect for sovereignty, respect for legitimate governmental policies and the interests they serve, predictability, certainty, and uniformity in the application of law, among others.

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Published

2004-04-26

How to Cite

Davis, Mary J. 2004. “On Preemption, Congressional Intent, and Conflict of Laws”. University of Pittsburgh Law Review 66 (2). https://doi.org/10.5195/lawreview.2004.38.

Issue

Vol. 66 No. 2 (2004)

Section

Articles

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