Interest Analysis and the Myth of Legislative Intent, 78 Michigan Law Review 392 (1980)
Modem conflict-of-laws scholarship is the victim of a well-intentioned
misrepresentation. Proponents of "governmental interest
analysis" have marketed their theory as a species of legislative interpretation,
indeed as the definitive approach to construing legislative
intent. I But while promoted by Brainerd Currie as an antidote to the
pernicious metaphysical assumptions that afflicted Beale and the
First Restatement,2 interest analysis is in fact nothing of the kind.
Interest analysis merely substitutes one set of metaphysical premises
for another, leaving the body of conflicts law with a remedy every bit
as distressing as the disease it was designed to cure.
Date of Authorship for this Version
Brilmayer, Lea, "Interest Analysis and the Myth of Legislative Intent" (1980). Faculty Scholarship Series. 2509.