Continuity and Change in the Draft Restatement (Third) of Conflict of Laws: One Step Forward and Two Steps Back?

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A deep contradiction lies at the heart of the Draft Restatement (Third) of Conflict of Laws. The Draft Restatement embraces a novel theoretical framework—the “two-step” theory—that attempts to integrate the basic tenets of so-called “modern” choice of law theory into a coherent intellectual whole.

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Cause Marketing Done Right

At your next board meeting, management mentions plans to launch a marketing affiliation with a well-known charity. The cause seems like a good one; your company will gain social and public relations benefits, and all sides seem to win. However, some corporations have followed this line of thinking to disaster, when the charity brought hidden legal or financial landmines, or triggered an awkward media relations debacle. As a board member, what questions should you ask before your company seeks to do good?

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Argument Preview: Justices to Mull Who Decides Whether to Arbitrate – The Judge or the Arbitrator

The November argument session begins with yet another case under the Federal Arbitration Act — Henry Schein Inc. v. Archer & White Sales Inc. With Henry Schein, New Prime Inc. v. Oliveira (from October) and Lamps Plus Inc. v. Varela (later on Monday morning), the court will have three FAA cases under its belt before the first of November – almost a match for the Armed Career Criminal Act!

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