Baker v. General Motors: Implications for Interjurisdictional Recognition of Non-Traditional Marriages
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Authors
Borchers, Patrick J.
Issue Date
1999
Volume
32
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|It always worries me a little when the Conflict of Laws suddenly seems interesting. When outsiders begin to visit this little corner of the legal universe, the results usually are not good. |Take William Prosser, for example. Prosser was and still is the most famous writer on American tort law. When Prosser decided to write an article about multistate publication in defamation cases he was forced to confront choice-of-law. He declared: "The realm of the conflict of laws is a dismal swamp, filled with quaking quagmires, and inhabited by learned but eccentric professors who theorize about mysterious matters in a strange and incomprehensible jargon." This quickly became the most famous sentence ever written about conflicts; hardly anyone writes about the subject anymore without making reference to "dismal swamps." And all of this was twelve years before the so-called conflicts revolution commenced, which everyone agrees made the subject more difficult and spawned a whole new generation of theories that are often mixed together to brew strange potions with deadly side effects. The problem, of course, is that Prosser was right and he still is. If he were wrong, everyone would have forgotten about his pithy line and gotten on to other matters. |Or how about John Hart Ely? Ely, of course, is the famous constitutional writer who swooped in to declare unconstitutional Brainerd...
Description
Citation
32 Creighton L. Rev. 147 (1998-1999)
Publisher
Creighton University School of Law