Conflict of Laws Posts
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.
Trusts and the Choice of Law: What Role for the Settlor’s Choice and the Place of Administration?
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.
Justices to consider choice-of-law clauses in maritime insurance contracts
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.
U.S. Supreme Court Cites Conflict of Laws 1st and 2d
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.”