Kermit Roosevelt III and Bethan Jones | November 8, 2018 | Conflict of Laws
Abstract. This Essay responds to Lea Brilmayer and Dan Listwa’s criticisms of the Draft Restatement (Third) of Conflict of Laws. We appreciate their engagement. As a general matter, we disagree about the nature and purpose of restatements. More specifically, we...
Lea Brilmayer and Daniel B. Listwa | November 5, 2018 | Conflict of Laws
Abstract. A deep contradiction lies at the heart of the Draft Restatement (Third) of Conflict of Laws. The Draft Restatement embraces a novel theoretical framework—the “two-step” theory—that attempts to integrate the basic tenets of so-called “modern” choice of law...
Gregory Capps and Zachery Roth | July 18, 2018 | Conflict of Laws, Liability Insurance
On July 16, 2018, the Delaware Supreme Court held in Travelers Indemnity Company v. CNH Industrial America, LLC, No. 420, 2017 (Del. Jul. 16, 2018), that a court’s choice of law inquiry in an insurance coverage dispute should focus on the contacts most relevant to the...
Cherri Gregg | January 25, 2018 | Conflict of Laws
PHILADELPHIA (CBS) — Pennsylvania Republicans are outraged and are planning to seek U.S. Supreme Court intervention on the state high court decision striking congressional maps. But it could be an uphill battle. The Pennsylvania Supreme Court ruling is potentially the...
John P. Bowman | January 2, 2018 | Conflict of Laws, International Commercial and Investor-State Arbitration
Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions sometimes consist of stabilization clauses in the form of “freezing” by incorporation and...
Kenny Chng | December 13, 2017 | Conflict of Laws
The public policy doctrine in the conflict of laws has been often characterised as uncertain and ambiguous. This article aims to examine the doctrine at common law from a theoretical perspective in order to: first, determine whether the substantive considerations...
