Chief Justice Traynor and Choice of Law Theory

Authors

Herma Hill Kay

Abstract

Chief Justice Traynor broke new ground in many areas of conflict of laws; his influence was greatest, however, in the development of choice of law theory. Several writers have noted Justice Traynor's reliance in this area on Professor Brainerd Currie's governmental interest analysis. This Article discusses Justice Traynor's contribution to choice of law theory. The Article first examines the early development of his approach as exhibited in his first five choice of law opinions. It then discusses Professor Currie's governmental interest analysis theory and the impact it had on Justice Traynor's views. The Article recounts the collaboration between Traynor and Currie and the maturation of their respective approaches. It then discusses Justice Traynor's refinement of his own theory after Professor Currie's death. Finally, the Article evaluates Justice Traynor's approach, concluding that it withstands critical scrutiny and endures as an outstanding contribution to choice of law theory.

Recommended Citation

Herma Hill Kay, Chief Justice Traynor and Choice of Law Theory, 35 Hastings L.J. 747 (1984).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol35/iss5/2