Conflict of Laws Posts

Improving (and Avoiding) Interstate Interpretive Encounters

This paper addresses situations in which a state court may have legitimate reasons to resist applying sister-state methodology to a sister-state statute and considers the potential role of the federal courts in modeling and encouraging compliance with the general duty to apply sister-state methodology.

Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States

In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae. However, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule, exploring the reasons for and the challenges posed by this trend.

October 2021 Council Meeting Updates

At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.

Simplifying Choice of Law Interest Analysis

Modern choice of law doctrine invites judges to consider the interests that states have in applying their law to a dispute. But modern choice of law doctrine has never provided judges with a rubric by which to conduct this interest analysis. This paper attempts to fill that void by proposing an extremely simple rubric by which judges can determine whether a state has an interest in applying its law to a horizontal choice of law dispute.

Spotlight on Annual Meeting Projects

The ALI virtual Annual Meeting continues on June 7-8. Below is an overview of the projects that will be presented on these days, including links to available videos on several topics.