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Spring 2024

5323 Conflict of Laws - TEN CATE- 24355

Professor(s): Irene Ten Cate (VISITING)

Credits: 3

Course Areas: Procedure and Practice 
International Law

Time: 10:30a-12:00p  MW  Location: 310 

Course Outline: Students interested in pursuing careers in litigation may find this course particularly beneficial. As more and more lawsuits involve disputes or transactions connected with more than one state or country, courts are increasingly called upon to decide what substantive law governs. For example, an Italian company enters into a contract with a California company that calls for performance at the Italian company’s facility in Arizona. In a breach of contract action between the two companies, will California law, Arizona law, or Italian law govern? And does (or should) the forum of the lawsuit affect the answer? Other topics of this course include the enforceability of judgments rendered in another state’s or nation’s court, as well as jurisdiction—not just personal jurisdiction over persons, but also the prescriptive jurisdiction of a state or country to regulate conduct that occurs within or outside its territory. Class discussions will provide practice in the application of theory to facts, and in the careful analysis of cases.

***As noted on the course syllabus, e-books cannot be accessed during the final exam; therefore, students should ensure that they do not purchase an e-book only version of the casebook.***

Course Syllabus: Syllabus

Course Notes: (Face-to-Face)  The UH registration system instruction mode for this course is listed in parenthesis. For this instruction mode, instructors and students are expected to normally be physically present in the classroom. If the course has a final examination, it will be in a classroom requiring your physical presence. Other assessment, such as a mid term exam, may also be in a classroom. Whether this instructor will offer “remote presence” (starting a zoom meeting from the podium computer to enable student remote access on an occasional basis) for part or all of the semester is not known, but students should not rely on an expectation that remote presence will be available.


Quota=35.

Prerequisites: Yes  First-year Procedure course, or its equivalent. Foreign LLM students who have taken Intro to American Law will satisfy this prerequisite.

First Day Assignments:

Final Exam Schedule: 5/6/2024 9-12  310    

This course will have:
Exam:
Paper:


Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: No

Bar Course: Important (MEE)

DistanceEd ABA: No

Pass-Fail Student Election: Available

Course Materials

Book(s) Required

Course Materials: AARON TWERSKI & NEIL B. COHEN, CHOICE OF LAW: CASES AND MATERIALS FOR A CONCISE COURSE ON CONFLICT OF LAWS (2d ed. 2022). Print ISBN: 9781647087340.

***As noted on the course syllabus, e-books cannot be accessed during the final exam; therefore, students should ensure that they do not purchase an e-book only version of the casebook.***