Conflict of Laws Posts

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.

This Article critically examines governmental interest analysis as statutory interpretation in light of the revolution that has occurred in the field.

This article delves into the theories governing the choice of law rules in tort cases within the context of conflict of laws.

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.