Daniel B. Listwa
Law Clerk
Daniel B. Listwa (@DanListwa) is a law clerk to the Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York. He was previously a litigation associate at Wachtell, Lipton, Rosen & Katz. His scholarship has appeared or is forthcoming in the Yale Law Journal, Texas Law Review, Yale Journal on Regulation, Stanford Law Review Online, Yale Law Journal Forum and Georgetown Law Journal Online, among others, and has been cited by courts, federal agencies, treatises, and casebooks. He is also a contributor to the Yale Journal on Regulation’s Notice & Comment Blog. Mr. Listwa received his B.A. in Philosophy and Economics from Columbia University, where he was the recipient of the Albert Asher Green Prize, and his M.A. in Philosophy and Public Affairs from University College Dublin, which he attended as a George J. Mitchell Scholar. He received his J.D. from Yale Law School, where he served as an Articles Editor on the Yale Law Journal and received the Judge Ralph Winter Prize in Law & Economics and the Felix S. Cohen Prize in Legal Philosophy.
Side-Stepping the Dismal Swamp: A Reply to Roosevelt
In a recent post, we sought to call attention to what we see as two issues with the way the draft Restatement (Third) of Conflict of Laws embraces a specific theory of choice of law called the “two-step” approach. First, we suggested that there is a disconnect between the “two-step” approach and the Restatement’s black…
Continue ReadingA Theory-Less Restatement for Conflict of Laws
For the first time in over half a century, the American Law Institute (“ALI”) is drafting a new Restatement of Conflict of Laws. The world has changed a great deal since 1971 when the Restatement (Second) was published, growing far more interconnected—so the idea of a new Restatement, taking into account the last few decades…
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