Conflict of Laws Posts
January 2023 Council Meeting Updates
At its meeting on January 19 and 20, 2023, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.
Conflict of Laws in the ALI’s First Century
This essay is part of a forthcoming book about the history of the American Law Institute (ALI), which will be published in 2023, one hundred years after the Institute’s founding. It discusses the ALI’s two Restatements of Conflict of Laws.
Hobbes & Hanging: Personal Jurisdiction v. Choice of Law
This Article explains and develops the argument for applying the plaintiff-protecting law of the place of injury and it gives us reason to reject the idea that the place of injury courts have no personal jurisdiction over the defendant.
October 2022 Council Meeting Updates
At its meeting on October 20 and 21, 2022, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.
Party Autonomy and the Challenge of Choice of Law
This essay argues that party autonomy does not have one comprehensive justification, but that it might be justified by a set of distinct if overlapping arguments that point to vital ideas often overlooked in the contemporary conversation. If choice of law doctrine embraces party autonomy, it might be in part because its shapers instinctively and inchoately recognize those considerations.
Improving (and Avoiding) Interstate Interpretive Encounters
This paper addresses situations in which a state court may have legitimate reasons to resist applying sister-state methodology to a sister-state statute and considers the potential role of the federal courts in modeling and encouraging compliance with the general duty to apply sister-state methodology.
Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States
In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae. However, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule, exploring the reasons for and the challenges posed by this trend.
Choosing Parentage Laws in Multistate Conduct Cases
This paper explores choosing parentage laws in multistate conduct cases in varying contexts, including cases involving parentage for childcare and nonchildcare purposes.
Project Updates from the 2022 ALI Annual Meeting
Learn more about the actions taken at this year’s ALI Annual Meeting, held last month, where the membership met to discuss and vote on twelve ALI project drafts.
Conflict of Laws at the 2022 ALI Annual Meeting
Reporter Kermit Roosevelt III outlines the overall goals of the Restatement of the Law Third, Conflict of Laws project and Tentative Draft No. 3 in this video.