Forty-Plus Years of Iowa Choice-of-Law Precedent: The Aftermath of the Restatement (Second) of Conflict of Laws
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Authors
Tuininga, Kevin
Issue Date
2010
Volume
43
Issue
Type
Journal Article
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Abstract
INTRODUCTION|Beginning with Fabricius v. Horgen, Iowa courts shifted to align themselves with the principles of the Restatement (Second) of Conflict of Laws ("Second Restatement") in the 1960s. Iowa's departure from the maligned Restatement (First) of Conflict of Laws ("First Restatement") was an ambitious and bold adjustment at a time when few other States had begun the transition or developed a body of case law on which Iowa courts could rely. Similar strategies in other States have resulted in a quagmire of inconsistent conflicts cases. Characterizing recent choice-of-law developments in the United States, Professor Perry Dane has observed," ...choice of law has sometimes resembled the law's psychiatric ward. It is a place of odd fixations and schizophrenic visions." Some contend the multiple theories and adhoc methods substituted for the First Restatement's approach to choice-of-law issues are an over-correction that has fostered "� increased litigation costs, waste of judicial resources, and an increased danger of judicial subjectivism."...
Description
Citation
43 Creighton L. Rev. 205 (2009-2010)
Publisher
Creighton University School of Law