Conflict of Laws Posts

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.

Conflict of Laws: Introduction to Draft

Conflict of laws is the field of law concerned with the resolution of legal questions having connections with more than one state. Typically, it comprises the subfields of personal jurisdiction, recognition of judgments, and choice of law.

October 2020 Council Meeting Updates

At its meetings on October 13 and October 22-23, 2020, the Council reviewed and discussed Council Drafts of seven projects and approved drafts and portions of drafts.

Conflict of Laws: Domicile of Natural and Juridical Persons

The following entry contains the Black Letter and Comments a and b to § 2.01 of Tentative Draft No. 1, Chapter 2. Domicile, from Restatement of the Law Third, Conflict of Laws. The full draft contains additional Comments and Reporters’ Notes.

Reporters’ Guide to: Restatement of the Law Third, Conflict of Laws

In this video summary, Reporters Kermit Roosevelt III, Laura E. Little, and Christopher A. Whytock provide an overview of Tentative Draft No. 1 (2020) of Restatement of the Law Third, Conflict of Laws, which contains parts of Chapter 1, Introduction; Chapter 2, Domicile; and Chapter 5, Choice of Law.

U.S. Supreme Court Cites Foreign Relations 3d and Conflict of Laws 2d

In a dissenting opinion delivered in Hernández v. Mesa, No. 17-1678 (February 25, 2020), U.S. Supreme Court Associate Justice Ruth Bader Ginsburg quoted Restatement of the Law Third, The Foreign Relations Law of the United States § 402 and Restatement of the Law Second, Conflict of Laws § 145, Comment e.