Jennifer Sturiale on Choice of Law Rules

Ipse Dixit

In this episode, Jennifer Sturiale, Climenko Fellow and Lecturer on Law at Harvard Law School, discusses her articles "A Balanced Consideration of the Federal Circuit's Choice of Law Rule," which will be published in the Utah Law Review, and "The Unseen Force in Civil Litigation: The Chief Justice's Appointment of the Judicial Panel on Multidistrict Litigation." Sturiale begins by explaining that the Federal Circuit has exclusive jurisdiction over cases that include patent claims and counterclaims, among other things. She also explains what choice of rules are, and describes the choice of law rule unique to the Federal Circuit. She observes that the Federal Circuit wanted to create intercircuit consistency, but did so at the expense of intracircuit consistency. She considers different ways of resolving the problem, weighing their benefits and costs. She also discusses the role of the Chief Justice in appointing the members of the Judicial Panel on Multidistrict litigation, and explains why it might also create choice of law problems. Sturiale's scholarship is available on SSRN.

This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye.

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