American Public Policy Alliance model law

Submitted by The Monk (United States), Nov 16, 2010 at 15:48

That model law is too vague and would have courts of this country inquire into the legal systems of another -- a practice that American courts have avoided and did so by issuing rulings that were occasionally laughable on their face. This occurred most notably during the Cold War, when federal courts only compared the statutory language of federal statutes and the Constitution with the statutes and constitutions of communist countries (which were generally unobjectionable as written, the devil was in the application). The APPA should instead prohibit use of foreign law at all unless specifically stated in a contract by choice of law, and limit the law eligible under such choice of law provision to the law of another nation unless such law violates the public policy of the forum state.

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