Questions on the Privileges and Immunities Clause and Interest Analysis
1) The P&I clause prohibits certain forms of state discrimination
on the basis of residence. For example, in Piper, NH could not make
residence a condition for the bar.
2) What does this have to do with conflicts? Doesn't interest analysis
often assume that states discriminate on the basis of residence (or
domicile)? Assume that Connecticut has a guest statute. A New Yorker
host gets in a car accident in Connecticut with a New York guest in the
car. The New York guest may sue the host, because the Connecticut guest
statute does not apply to them. Had the guest and host been
Connecticuters, however, the host would have been protected. Isn't this
discrimination in favor of in-state and against out-of-state hosts?
3) So is interest analysis unconstitutional? How does Currie argue that
interest analysis is compatible with the P&I Clause? What problem
does unprovided cases generate for Currie's argument?