Megan Dingley | February 26, 2020 | Conflict of Laws, U.S. Foreign Relations Law
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...
Jennifer Morinigo | January 28, 2020 | American Indian Law, Children and the Law, Conflict of Laws, Government Ethics, Property, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons
At its meeting in Philadelphia on January 16 and 17, 2020, the Council reviewed and discussed Council Drafts of ten projects and approved drafts and portions of drafts as listed below.*American Indian Law: The Council approved Council Draft No. 6, containing all...
Dan Shefet | December 24, 2019 | Conflict of Laws, Data Privacy, U.S. Foreign Relations Law
INTRODUCTIONIn June 2019, President Donald Trump suggested the European Union’s (EU) suits against certain American companies, such as Facebook and Google, were inappropriate legal actions.1Trump Suggests EU out of line with suits against US tech firms, Bus. Ins....
Thomas P. Gallanis | January 23, 2019 | Conflict of Laws
AbstractThis Essay offers a novel solution to a thorny problem at the intersection of trust law and the conflict of laws: When should the settlor be able to choose a governing law other than the law of the jurisdiction with the most significant relationship to the...
Kermit Roosevelt III | January 11, 2019 | Conflict of Laws
AbstractTraditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty...
Christopher A. Whytock | December 12, 2018 | Conflict of Laws, U.S. Foreign Relations Law
ABSTRACTPolitical scientists — primarily in the discipline’s international relations subfield — have long studied international law. This article identifies five stages of political science research on international law, including the current interdisciplinary...
