In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice of law methodologies of both the U.S. and Europe are differentiated. Finally, the decisions of the German Constitutional Court establishing the interaction between constitutional equality principles and choice of law rules are analyzed.
Witters, Anne-Marie, "Equal Protection Limitations on Choice of Law Decisions" (1987). LLM Theses and Essays. 142.
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