Continuity and Change in the Draft Restatement (Third) of Conflict of Laws: One Step Forward and Two Steps Back?Lea Brilmayer and Daniel B. Listwa
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.
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?
Courts across the country have already begun citing to the Restatement Fourth’s Tentative Drafts on Jurisdiction, Sovereign Immunity, and Treaties. Here is a list of citations.
This project is providing guidance to legislative bodies, courts, and policing issues where there is the most need, including where research, technology, and experience are rendering current approaches to policing obsolete.
The American Law Institute is making the updated text for the forthcoming Election Administration Principles available now, in time for the midterm elections.
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!