Conflict of Laws Posts
Conflict of Laws: Choice of Law – Foreign Law (Part 2)
Kermit Roosevelt III, Laura Elizabeth Little, Christopher A. Whytock and Pauline ToboulidisIn an earlier post, we shared the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws.
Conflict of Laws: Choice of Law – Foreign Law (Part 1)
Kermit Roosevelt III, Laura Elizabeth Little, Christopher A. Whytock and Pauline ToboulidisThe following entry contains the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws.
Conflict of Laws: Domicile of Natural and Juridical Persons
Kermit Roosevelt III, Laura Elizabeth Little, Christopher A. Whytock and Pauline ToboulidisThe following entry contains the Black Letter and Comments a and b to § 2.01 of Tentative Draft No. 1, Chapter 2. Domicile, from Restatement of the Law Third, Conflict of Laws. The full draft contains additional Comments and Reporters’ Notes.
Reporters’ Guide to: Restatement of the Law Third, Conflict of Laws
Kermit Roosevelt III, Laura Elizabeth Little and Christopher A. WhytockIn this video summary, Reporters Kermit Roosevelt III, Laura E. Little, and Christopher A. Whytock provide an overview of Tentative Draft No. 1 (2020) of Restatement of the Law Third, Conflict of Laws, which contains parts of Chapter 1, Introduction; Chapter 2, Domicile; and Chapter 5, Choice of Law.
U.S. Supreme Court Cites Foreign Relations 3d and Conflict of Laws 2d
Megan DingleyIn a dissenting opinion delivered in Hernández v. Mesa, No. 17-1678 (February 25, 2020), U.S. Supreme Court Associate Justice Ruth Bader Ginsburg quoted Restatement of the Law Third, The Foreign Relations Law of the United States § 402 and Restatement of the Law Second, Conflict of Laws § 145, Comment e.
January 2020 Council Meeting Updates
Jennifer MorinigoAt its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
A French Perspective on Extraterritorial Enforcement of U.S. Laws
Dan ShefetIn June 2019, President Donald Trump suggested the European Union’s (EU) suits against certain American companies, such as Facebook and Google, were inappropriate legal actions.
The Use and Abuse of Governing-Law Clauses in Trusts: What Should the New Restatement Say?
Thomas P. GallanisThis Essay offers a novel solution to a thorny problem at the intersection of trust law and the conflict of laws: When should the settlor be able to choose a governing law other than the law of the jurisdiction with the most significant relationship to the trust?
Certainty vs. Flexibility in the Conflict of Laws
Kermit Roosevelt IIITraditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction.
From International Law and International Relations to Law and World Politics
Christopher A. WhytockPolitical scientists — primarily in the discipline’s international relations subfield — have long studied international law. This article identifies five stages of political science research on international law, including the current interdisciplinary international law and international relations (IL/IR) stage, and it reviews three trends in political science research that constitute an emerging sixth stage of interdisciplinary scholarship: a law and world politics (L/WP) stage.