Abstract: Download This Paper Open PDF in Browser Add Paper to My Library Share: Permalink Using these links will ensure access to this page indefinitely Copy URL The Canon of Evolving Law 12 Pages Posted: 30 Aug 2022 See all articles by John F. CoyleJohn F. CoyleUniversity of North Carolina School of Law Date Written: August 24, 2022 Abstract The only constant in American law is change. Congress passes a new patent law. An administrative agency finalizes a rule to improve workplace safety. A state legislature approves a bill regulating the enforceability of covenants not to compete. A municipality repeals an ordinance stating that no vehicles are allowed in the park. On any given day in the United States, the law is a shifting tapestry where new threads are woven in and old threads are neatly sliced away.This ceaseless drumbeat of change presents unique challenges for judges called upon to interpret choice-of-law clauses. When a clause selects the "laws" of a particular jurisdiction, it is not always clear whether it operates to select those laws (1) as they existed at the time the contract was signed, or (2) as they exist at the time of the litigation. When the choice-of-law clause is silent on this issue—as it almost always is—the court must craft an interpretive default rule that reflects majoritarian preferences relating to choice of law and time.This Essay argues that courts should interpret the word "laws" to select the laws of the chosen jurisdiction as they exist at the time of litigation. It refers to this interpretive rule as the canon of evolving law. This canon makes it unnecessary for the court to engage in the costly project of determining the content of a body of law at a fixed date in the past. It is consistent with the preferences of most contracting parties. It aligns with the views of most scholars. And it recognizes that most contract drafters do not conduct extensive research into the laws of the chosen jurisdiction before writing a choice-of-law clause into their agreements. Suggested Citation: Suggested Citation Coyle, John F., The Canon of Evolving Law (August 24, 2022). Available at SSRN: https://ssrn.com/abstract=4199603 John F. Coyle (Contact Author) University of North Carolina School of Law ( email ) Van Hecke-Wettach Hall, 160 Ridge RoadCB #3380Chapel Hill, NC 27599-3380United States919-843-9634 (Phone) HOME PAGE: http://www.law.unc.edu/faculty/directory/coylejohnf/ Download This Paper Open PDF in Browser Do you have a job opening that you would like to promote on SSRN? Place Job Opening Paper statistics Downloads 1 Abstract Views 10 PlumX Metrics Related eJournals University of North Carolina Legal Studies Research Paper Series Follow University of North Carolina Legal Studies Research Paper Series Subscribe to this free journal for more curated articles on this topic FOLLOWERS 5,694 PAPERS 689 This Journal is curated by: John F. Coyle at University of North Carolina School of Law Contracts & Commercial Law eJournal Follow Contracts & Commercial Law eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 1,450 PAPERS 10,525 This Journal is curated by: George G. Triantis at Stanford Law School Law & Society: Private Law - Contracts eJournal Follow Law & Society: Private Law - Contracts eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 792 PAPERS 4,557 This Journal is curated by: Michael Mattioli at Indiana University Maurer School of Law Transnational Litigation/Arbitration, Private International Law, & Conflict of Laws eJournal Follow Transnational Litigation/Arbitration, Private International Law, & Conflict of Laws eJournal Subscribe to this fee journal for more curated articles on this topic FOLLOWERS 182 PAPERS 3,569 This Journal is curated by: Donald Earl Childress III at Pepperdine University - Rick J. Caruso School of Law, Linda Silberman at New York University School of Law Feedback Feedback to SSRN Feedback (required) Email (required) Submit If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. Submit a Paper Section 508 Text Only Pages SSRN Quick Links SSRN Solutions Research Paper Series Conference Papers Partners in Publishing Jobs & Announcements Newsletter Sign Up SSRN Rankings Top Papers Top Authors Top Organizations About SSRN SSRN Objectives Network Directors Presidential Letter Announcements Contact us FAQs Copyright Terms and Conditions Privacy Policy We use cookies to help provide and enhance our service and tailor content. To learn more, visit Cookie Settings. This page was processed by aws-apollo5 in 0.234 seconds
Publication Year: 2022
Publication Date: 2022-01-01
Language: en
Type: article
Indexed In: ['crossref']
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