I totally disagree. When we look at the actual decisions of the courts in conflicts
cases and the results that they reach in practice, particularly in the torts area, I submit
that there is indeed a high degree of certainty and predictability and a pattern of
results that is fairly consistent and coherent. This is because what has emerged from
the actual decisions of the courts in conflicts torts cases are rules of choice of law.
Unlike choice-of-law rules, whether the broad, state-selecting rules of the traditional
approach or the narrower and policy-based rules that many commentators have long
favored,4 rules of choice of law are not formulated a priori by courts5 or by