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Conflict of Laws: Choice of Law – Foreign Law (Part 1)

Kermit Roosevelt III, Laura Elizabeth Little, Christopher A. Whytock and Pauline Toboulidis | May 27, 2020 | Conflict of Laws

The following entry contains the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws. The full draft contains additional Comments and Reporters’ Notes. This...

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

Kermit Roosevelt III, Laura Elizabeth Little and Christopher A. Whytock | May 15, 2020 | Conflict of Laws

In this 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;...

The Use and Abuse of Governing-Law Clauses in Trusts: What Should the New Restatement Say?

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...

Delaware Supreme Court Choice of Law Ruling Vacates a $13.7 Million Verdict Against Travelers

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...

Children Crossing Borders: Internationalizing the Restatement of the Conflict of Laws

Louise Ellen Teitz | July 28, 2017 | Children and the Law, Conflict of Laws, U.S. Foreign Relations Law

INTRODUCTION Treating internal U.S. conflicts and international conflicts law the same, without distinguishing between them, has always puzzled non-U.S. lawyers and scholars. Europeans often do not understand how we can treat transnational choice of law decisions as...
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