Theoretical Constitutional Constraints on Choice of Law
Learn about the Full Faith and Credit Clause, Due Process Clause, Privileges and Immunities Clause, and why--at least in theory--they could constrain state choice-of-law decisions.
In this lesson, we'll examine three federal constitutional provisions: the Full Faith and Credit, Due Process, and Privileges and Immunities Clauses. We’ll also explore why these provisions might constrain states' choice-of-law decisions.
Choice of law is usually left to the states. But like everything else, state choice-of-law decisions are subject to the U.S. Constitution. If choice-of-law decisions and the Constitution interact, it's almost always because a state court has applied forum...