Andrea Kang Wooster | August 4, 2021 | International Commercial and Investor-State Arbitration
Disputes arising under international commercial contracts that contain arbitration agreements implicate at least three different systems of law, including the law governing the substance of the dispute, the law governing the agreement to arbitrate, and the law...
Andrea Kang Wooster | June 17, 2021 | Torts: Economic Harm
Dissenting Associate Justice Samuel Alito cites the Restatement Third of Torts: Liability for Economic Harm § 28 and Restatement Second of Torts § 876. In Nestle USA, Inc. v. Doe, No. 19-416 (June 17, 2021), six individuals from Mali who were allegedly trafficked as...
Andrea Kang Wooster | June 11, 2021 | Inside The ALI
In Borden v. United States, No. 19-5410 (June 10, 2021), the U.S. Supreme Court held that a criminal offense that requires only a mens rea of recklessness does not constitute a “violent felony” for purposes of an enhanced sentence under the Armed Career Criminal Act...
Andrea Kang Wooster | June 18, 2019 | U.S. Foreign Relations Law
The U.S. Supreme Court recently cited Restatement of the Law Fourth, The Foreign Relations Law of the United States § 481 and Restatement of the Law Second, Conflict of Laws § 98 in affirming the longstanding dual-sovereignty doctrine, which provides that a crime...
Andrea Kang Wooster | March 25, 2019 | Property
The U.S. Supreme Court cited the Restatement of the Law Third, Property: Mortgages, in holding that a business that engaged in no more than the enforcement of a security interest—such as a law firm that pursued nonjudicial foreclosures on behalf of clients—was not a...