Common Public License

John Cowan jcowan at
Thu May 24 14:36:30 UTC 2001

Ravicher, Daniel B. wrote:

> So, let's say that you sue in CA over the CPL.  The CA ct reads it and does
> CA Choice of Law rules analysis.  Assume CA ct decides to follow the CPL and
> use NY law.  The CA ct then looks at NY's Choice of Law rules.  It's
> possible that NY's Choice of Law rules may pick FL law to apply

Of course, the bad case is when NY choice-of-law says to apply CA law!--
the so-called "renvoi".

My father, Thomas A. Cowan, wrote an article about this once, called
(IIRC) "Marks of Primitivity in the Conflict of Laws".  He talks about
accepting the renvoi (applying CA law after all) and rejecting it
(applying the rest of NY law), and the advantages and disadvantages
of each.  Of course, there is also the "empiricist solution", which
just denies that any renvoi cases have ever happened.
There is / one art             || John Cowan <jcowan at>
no more / no less              ||
to do / all things             ||
with art- / lessness           \\ -- Piet Hein

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