Abstract
Dick is not easily reconciled to interest analysis. The latter states that a state may and should apply its own law if it benefits a local party. Dick disallowed Texas from applying its beneficial law to a Texas domiciliary. Although a state may violate due process by unfairly surprising a foreign party, the issue of surprise is at best debatable on the facts of Dick. If the Supreme Court insists upon choosing interest analysis over Dick, it should overrule it. This is to be preferred over creating a legal fiction about Dick's domicile by rewriting the facts of Dick.
Recommended Citation
Rensberer, Jeffrey L.
(1998)
"Who Was Dick? Constitutional Limitations
on State Choice of Law,"
Utah Law Review: Vol. 1998:
No.
1, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol1998/iss1/2