Note:
Kirt O'Neill, Contractual Choice of Law: The Case for a New
Determination of Full Faith and Credit Limitations, 71 TEXAS
L. REV. 1019 (1993).
Abstract:
In this Note, the author urges that the unitary Hague test of
the constitutionality of a state's choice of law is inadequate
to protect the sovereign interests of the states when the
litigants have a priori agreed on the applicable law and the
forum state merely seeks to uphold their choice. The author
concludes that if state sovereignty concerns embodied in the
still-vital Full Faith and Credit Clause are to be adequately
protected, the Court must respond to the recent state
legislation in this area by formulating distinct full faith and
credit limitations that maintain the status of the states as
equal sovereigns.