Documents unrelated to Choice of Law (placed here for convenience)

2009 FJC Report

CELS2016. Asmat & Tennyson

CELS2016. Anna Bindler & Randi Hjalmarsson

Green Torah-- Genesis
Green Torah -- Exodus
Green Torah -- Leviticus
Green Torah - Numbers
Green Torah -- Deuteronomy

Empirical Choice of Law Research
UMich. Forum Selling
Wood comment
French Labor Courts.
Forum Selling. ALEA
Magna Carta. JAG Corps
Forum Selling. UNLV
Forum Selling. Emory
Mediation. CELS
Mediation paper for CELS
Inferences. LETheory
Harvard faculty workshop
CELS Rubin comment
CELS slides
Harvard L&E slides
Mediation slides
Yale presentation
mediation paper

Choice of Law

(Spring 2013)

 

Office Hours

Mondays 1:30-2:30 or by appointment.

Tuesday 2/19, 1:30-2:30

Monday 3/4, 10:30-11:30

There will be no office hours on 1/14 or on Mondays when class is canceled.

Office hours on 3/4 will be 10:30-11:30 rather than 1:30-2:30.

Office hours are in my office, Room 460.

Contact Information for Professor Klerman
Email: dklerman@law.usc.edu
Phone: (213) 740-7973
Fax: (213) 740-5502
Office: Room 460
Mailbox: Room 305
Assistant: Chris Schnieders, cschnieders@law.usc.edu, Rm. 407. 213 740-5714

Limited Circulation of Class Materials
Class materials, including PowerPoint Slides and audio recordings, are for use by 2013 Choice of Law students only. You may not share them with future Choice of Law students or anyone else. Doing so would be a violation of both USC Law School rules and copyright law. The purpose of this policy is to preserve my ability to ask some in-class questions in future classes. If PowerPoint Slides, audio recordings, or other class materials are shared with next year's class, students with access to those materials will have an unfair advantage and will be deprived of the benefit of working out the answers themselves.

Papers & Presentations

Those writing papers should set up appointments with me in the first three weeks of class so we can discuss topic selection.  In general, I expect 10 pages of high quality writing for each unit of credit a students has signed up for. So if you have signed up for three units of credit, you should write a 30 page paper.  A rough draft is due Friday, April 12 at 5PM.  Please send the rough draft to me by email.  The final draft will be due on May 16, the last day allowed by USC Law School, at 5PM in the Dean's Office (Rm 300).  Also please email me a copy. Those writing papers will be expected to present their papers to the class on April 15, 22, or 29.

Class Schedule and Materials

Please note that I have canceled one class (March 25), but have not scheduled a make up.  I can do this because we are scheduled to meet for 125 minutes per week, even though, as a two unit class, we should meet only 100 minutes per week.  There will be a 10 minute break in the middle of each class.

 

Class # Date Readings/Topic Slides Other
1 1/14 Introduction CL01 Beale, Currie, Richman
  1/21 MLK Day. All USC Classes canceled    
2 1/28 Torts I CL02 Baxter
3 2/4 Torts II CL03 Milliken, Farmers
4 2/11 Contracts CL04 Application Group, Law Market
  2/18 Pres Day. All USC Classes canceled    
5 Tues 2/19 Choice of Law Clauses CL05

Miscegenation & California Cases

Restatement 2nd

6 2/25 Marriage I (Heterosexual) CL06

Same-Sex Marriage Cases

Assignment for Next Class

7 3/4 Marriage II (Same sex) CL07  
8 3/11 Procedure CL08

DOMA Materials

Assignment for Next Class

  3/18 Spring Break. All USC Classes canceled    
  3/25 Class canceled    
9 4/1 Recognition of Judgments CL09 Ely
10 4/8 Constitutional Limitations CL10

Assignment for Next Class

Federal Choice of Law

11 4/15 Choice of Law in Federal Court CL11 Sara Person's presentation
12 4/22 Federal Legislation on Choice of Law CL12

Hilary Habib's presentation

Seth Yandrofski's presentation

Assignment for Next Class

EU Choice of Law

13 4/29 International Choice of Law CL13

Ryan Moore's Presentatation

Celina Kirchner's Presentation

 

Participation Scores

 

Student #
1
2
3
4
5
6
7
8
9
10
11
12
13
1
2
3
3
3
3
2
2
2
3
2
2
2
2
2
2
2
3
2
2
2
2
2
2
2
2
2
2
4
2
2
2
2
2
2
2
2
2
2
2
2
3
5
2
2
3
2
2
2
2
2
2
2
2
2
2
6
2
3
3
3
2
2
2
3
2
2
2
2
3
7
2
2
3
2
2
2
2
2
1
2
2
2
3
8
2
2
2
E
2
2
2
2
2
2
2
2
2
9
2
2
2
2
2
2
2
2
1
2
2
2
2

 

0 means absent without cause
1 means present, but did not participate
2 means present and participated

3 means excellent participation
E means absent with cause

Books on Reserve for this Class

Brillmayer et al, Conflict of Laws (6th ed) (The class casebook).


Hoffheimer, Conflict of Laws: Examples & Explanations (a very useful supplement)

Spillenger, Conflict of Laws Concise Hornbook (a helpful, critical introduction to the subject)


Restatement 1st of Conflict of Laws (classic statement of the traditional approach to Conflict of Laws)


Restatement 2nd of Conflict of Laws (approach now adopted by most states)


Shreve, A Conflict of Laws Anthology (LexisNexis) (a useful anthology of academic writing)

Laptops
Laptops, iPads, tablets, cellphones and simlar devices may not be used during class for notes or other purposes. While in class, you should focus on thinking, not note taking. To make most note taking unnecessary, I will distribute my PowerPoint slides and post an audio recording of each class.

Audio Recordings
Audio recordings of every class will be available on the MyLaw Portal shortly after each class.

Attendance
Because I will be posting an audio recording of each class, as well as my PowerPoint Slides, it will be tempting to skip class. To counteract that temptation, class attendance is mandatory. If you are going to miss a class, please e-mail my assistant, Chris Schnieders, cschnieders@law.usc.edu. If possible, please email him at least one hour before the start of class.

Class Participation
Class participation will be 20% of your grade.  It will be based primarily on the quality of your in-class comments, but also partly on quantity. Becasue this is a small seminar, I don't plan to cold-call, but reserve the right to do so if class participation lags.  Participation in class discussion is an essential part of the learning process, because it helps you get more comfortable with public speaking and thinking on your feet, and because lisenting carefully to answers provided by fellow students helps you see things from different perspectives. I will post particiation scores after each class (see below), so that you can see how you are doing and so that you can correct any mistakes.

Grading

20% Class participation (20%)

Exam (80%) or paper (65%) and presentation (15%)

Assignment for the First Class

For the first class, please read the policies on this website. Also please purchase the casebook, Brilmayer et al, Conflict of Laws (6th ed.).  There is no casebook or other reading for the first class.