Curtis Bradley and Jack Goldsmith | December 1, 2017 | U.S. Foreign Relations Law
We have a new draft paper, forthcoming in the Harvard Law Review, on how extensively the president has come to control international law for the United States, and what, if anything, should be done about it. As we explain at the end of this post, one of the central...
Ralf Michaels and Christopher A. Whytock | August 17, 2017 | Conflict of Laws, U.S. Foreign Relations Law
This Article [originally published in the Duke Journal of Comparative & International Law] highlights three proposals for addressing internationalization in the Restatement of the Law Third, Conflict of Laws. INTRODUCTION Some sixteen years ago, on the occasion...
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...
William S. Dodge | June 13, 2017 | U.S. Foreign Relations Law
This essay for the Yearbook of Private International Law discusses the draft Fourth Restatement of Foreign Relations Law on the topic of jurisdiction. The essay describes the Fourth Restatement’s division of jurisdiction into the three categories of jurisdiction to...
Jennifer Morinigo | May 22, 2017 | U.S. Foreign Relations Law
At ALI’s Annual Meeting on Monday, May 22, members voted to approve the drafts for the Jurisdiction, Sovereign Immunity, and Treaties portions of the Foreign Relations Law Restatement.* This completes these three portions of the project. New content reviewed and...
Jennifer Morinigo | May 22, 2017 | U.S. Foreign Relations Law
At ALI’s Annual Meeting on Monday, May 22, members voted to approve the Tentative Draft No. 3 of the Jurisdiction portion of the Foreign Relations Law Restatement.* New content reviewed and approved at this meeting includes the following in the Jurisdiction draft...
