Conflict of Laws Posts

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.”

The Twenty-First Century Revolution in Conflict of Trust Laws

There is broad consensus that the law of conflict of trust laws is outdated.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.

January 2023 Council Meeting Updates

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.

Conflict of Laws in the ALI’s First Century

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.

Hobbes & Hanging: Personal Jurisdiction v. Choice of Law

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.

October 2022 Council Meeting Updates

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.