Conflict of Laws Posts
The question of to what extent a settlor should be permitted to create a trust governed by the law of, and administered in a jurisdiction that is not the settlor’s domicile or residence, is an important one in modern trust practice. This Article tackles the central aspects of this question and proposes a path forward.
Earlier this month, the U.S. Supreme Court heard arguments in Great Lakes Insurance v. Raiders Retreat Realty. Justices will consider choice-of-law clauses in maritime insurance contracts.
In Yegiazaryan v. Smagin, the U.S. Supreme Court cited Restatement of the Law, Conflict of Laws and Restatement of the Law Second, Conflict of Laws in clarifying that an aggrieved party has alleged a “domestic injury” for purposes of the Racketeer Influenced and Corrupt Organizations Act “when the circumstances surrounding the injury indicate it arose in the Untied States.”
This Article brings the perspective of international prescriptive jurisdiction into American conflict of laws to create a framework that addresses the question, “Who ought to be making law for this matter?”
This Survey covers cases decided by American state and federal appellate courts during 2022, focusing on cases that may contribute something new to the development or understanding of conflicts law—and in particular choice of law.
There is broad consensus that the law of conflict of trust laws is outdated. But there is not a consensus around what went wrong or how to fix it. This article, prepared for a Symposium on Conflict of Laws in Trusts and Estates, fills that gap by providing a historically, theoretically, and institutionally grounded account of the rise and fall of the old regime with an eye toward informing the ongoing law reform efforts.
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.
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.
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.
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.