Atlantic Marine and Choice-of-Law Federalism

Andrew D. Bradt Volume 66, Issue 3, 617-42 The headline holding of the Supreme Court’s opinion in Atlantic Marine is its conclusion that a forum-selection clause is usually enforceable under the federal transfer statute, 28 U.S.C. § 1404(a). Also lurking within the...

Governing Law on Forum-Selection Agreements

Kevin M. Clermont Volume 66, Issue 3, 643-74 The task of determining which law governs a contractual choice-of-forum clause is an enigma to courts. The key to its solution lies at the very heart of the subject, where one encounters its most celebrated riddle: Which...