Southwestern Law Journal
Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1986 through 1987. The survey includes cases from Texas state and federal courts and non-Texas cases affecting Texas practice. Excluded are cases involving federal/state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, except when they relate to the personal jurisdiction inquiry, and conflicts in time, such as the applicability of prior or subsequent law within a state. During the Survey period, the Texas Supreme Court decided an important case finding jurisdiction based on contacts related to the cause of action. During the same period, the United States Supreme Court decided a case, which, although based on varying rationales, was the first unanimous decision finding a lack of personal jurisdiction since International Shoe Co. v. Washington. Choice of law highlights include Texas's enactment of a new statute governing contractual choice of law and Texas courts' improvement in their application of the most significant relationship test from the Restatement (Second) of Conflict of Laws. Foreign judgments' significant development was the declared unconstitutionality of the Uniform Enforcement of Foreign Judgments Act.
Sharon N. Freytag, Don D. Bush & James P. George,
Conflict of Laws (1988),
Available at: https://scholarship.law.tamu.edu/facscholar/228