Conflict of Laws Posts
Alito Dissent Cites Restatement 2d of Conflicts of Law
In Hencely v. Fluor Corp., Justice Alito wrote a dissent citing Restatement of the Law Second, Conflict of Laws § 145, which discusses choice of law in torts.
Projects Announced for 2025 Annual Meeting
Seven project drafts will be presented at this year’s Annual Meeting, May 18-20 in Washington, D.C.
January 2026 Council Meeting Update
At its meeting on January 22 and 23, 2026, the Council discussed drafts of six projects; it approved, in part or in whole, five of those drafts.
U.S. Supreme Court Cites Conflict and Torts Restatements
In Medical Marijuana, Inc. v. Horn, No. 23-365 (Apr. 2, 2025), the U.S. Supreme Court held that a plaintiff could seek treble damages for business or property loss—even if the loss resulted from a personal injury—in a civil Racketeer Influenced and Corrupt Organizations Act (RICO) claim under 18 U.S.C. § 1964(c), which permitted a cause of action for “[a]ny person injured in his business or property” by reason of a criminal RICO violation.
January 2025 Council Meeting Updates
At its meeting on January 23 and 24, 2025, the Council discussed and approved, in part or in whole, drafts of six projects.
Plaintiff’s Choice of Law in Cross-Border Tort Conflicts
This Article argues that, subject to specified conditions, the victims of certain cross-border torts should have the option of choosing between the laws of the state of the injurious conduct and those of the state of the resulting injury.
Choice of Law as Statutory Interpretation: The Rise and Decline of Governmental Interest Analysis
This Article critically examines governmental interest analysis as statutory interpretation in light of the revolution that has occurred in the field.
Jettisoning the Principle of Party Autonomy in Modern International Commercial Arbitration: Menace to an Unprecedented Precept
This article explores the complexities surrounding the choice of law in international commercial arbitration by examining scenarios where parties explicitly or implicitly select applicable laws or remain silent on the matter.
January 2024 Council Meeting Updates
At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.
Conflict of Laws: Choice of Law Theories in Tort
This article delves into the theories governing the choice of law rules in tort cases within the context of conflict of laws.