United States v. Yazell/Concurrence Harlan

Mr. Justice HARLAN, concurring.

I join the Court's opinion with a single qualification, namely, that I place no reliance on any of the particularities of the negotiations between the parties respecting this loan. In my view the conclusion that Texas law governs the issue before us is amply justified by the Court's appraisal of the competing state and federal interests at stake, irrespective of whether the parties negotiated with specific reference to Texas law.

Mr. Justice BLACK, with whom Mr. Justice DOUGLAS and Mr. Justice WHITE join, dissenting.