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 disagree about the history and aims of the Restatements of Conflict of Laws. Brilmayer and Listwa’s main criticism—that the drafters of the Restatement (Third) are not authoritatively interpreting any single state’s law and therefore can be only persuasive authority as to the content of a state’s law—could apply to all restatements. But since this Draft Restatement, like other restatements, draws its rules from decided cases, the criticism makes little sense even on its own terms.

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This essay is part of a collection, “An Exchange on the Draft Restatement (Third) of Conflict of Laws,” originally published in The Yale Law Journal.


Kermit Roosevelt, III

Reporter, Conflict of Laws

Kermit Roosevelt is Professor of Law at the University of Pennsylvania Carey Law School. He works in a diverse range of fields, focusing on constitutional law and conflict of laws. His latest academic book, Conflict of Laws (Foundation Press 2010) offers an accessible analytical overview of conflicts. He also is the author of two novels, Allegiance (Regan Arts, 2015) and In the Shadow of the Law (Farrar, Straus & Giroux, 2005).

Bethan Jones

Kellogg Hansen

Bethan Jones is an associate at Kellogg Hansen Todd Figel & Frederick.


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