Actually, Courts Love the Third Restatement: A Response to Listwa
Every author knows the mixture of excitement and trepidation that follows publication as you wait for the reviews to roll in. For Reporters of Restatements, the sentiment is perhaps more acute: there is one audience that is particularly important, judges, and one question that matters: will they find the Restatement helpful? It is gratifying whenever…
Continue ReadingWhat the Restatement Actually Says: A Response to Brilmayer and Listwa
In a recent post, Lea Brilmayer and Dan Listwa argue that there is a contradiction in the draft Restatement (Third) of Conflict of Laws, for which I am the Reporter. They claim that the Restatement’s two-step model for choice of law is in fundamental conflict with its statement of blackletter rules, and they argue instead…
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