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63 Va. J. Int'l L. Online 1 (2022)

handle is hein.journals/vajoillw63 and id is 1 raw text is: A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law GEORGE RUTHERGLEN* This Essay analy,zes three methods of avoiding the doctrinal disarray in American choice of law: imposing constitutional restrictions on personaljurisdiction and therefore limiting the plaintiff's ability to forum shop for favorable choice of law; applying the presumption against extraterritorial appication of federal statutes; and enforcing contractual choice-of-forum and choice-of-laiw clauses. Each method of avoidance has its advantages and its disadvantages. The former consist mainly in giving theparties and the courts more control over choice of law in a more determinate way. The latter arise from the uncertainty created by adding another layer of ad hoc evasions to the other complications of choice of law. The law of personaljurisdiction largely depends upon an analysis of all the factors thatgo into establishing minimum contacts. The extraterritorial app/cation of federal statutes depends upon the context, both textual and factual, in which they operate. And choice-of-forum and choice-of-laiw clauses depend upon the terms and interpretation of the contracts in which they are found. *Distinguished Professor of Law and Earle K. Shawe Professor of Employment Law, University of Virginia.

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