Enlightened Territorialism and Professor Cavers - The Pennsylvania Method

Authors

Aaron D. Twerski

Abstract

A nice thing happened to "territorialism" one day. It had the good luck to run into Professor David Cavers. Prior to this encounter it had suffered a cruel fate. From relative obscurity it was touted by Professor Beale and the "vested righters" as the "only" solution to choice-of-law problems worthy of intellectual respect. It was quickly encased and enshrined in Restatement I for all to adore and admire. Having been placed on an undeserved pedestal it was not long before this child prodigy began throwing its weight around. The inevitable happened. Under the onslaught of truly brilliant legal thinking and writing "territorialism" was destroyed. Like all child prodigies, it was not equal to its press releases. From there it was but a short step to obscurity and ignominy. It was the most striking "rags to riches to rags" story that the law had to offer in this century. And then the meeting with Professor Cavers. The Choice-of-Law Process brought to territorialism a newfound respect. It was neither to be deified nor ignored. It has a place in choice-of-law.

First Page

373

Recommended Citation

Aaron D. Twerski, Enlightened Territorialism and Professor Cavers - The Pennsylvania Method, 9 Duq. L. Rev. 373 (1971).
Available at: https://dsc.duq.edu/dlr/vol9/iss3/4