Conflict of Laws Posts

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There is broad consensus that the law of conflict of trust laws is outdated.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

Party Autonomy and the Challenge of Choice of Law

This essay argues that party autonomy does not have one comprehensive justification, but that it might be justified by a set of distinct if overlapping arguments that point to vital ideas often overlooked in the contemporary conversation. If choice of law doctrine embraces party autonomy, it might be in part because its shapers instinctively and inchoately recognize those considerations.

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.