Kermit Roosevelt

University of Pennsylvania Carey School of Law

Kermit Roosevelt

Kermit Roosevelt is the David Berger Professor for the Administration of Justice at the University of Pennsylvania Carey School of Law, where he teaches constitutional law and conflict of laws. His publications include numerous law review articles on both topics, as well as several books, including Conflict of Laws (Foundation Press, 3d. ed. 2022) and The Myth of Judicial Activism (Yale, 2006). His most recent book, The Nation that Never Was (Chicago 2022) offers a reinterpretation of America’s constitutional history oriented around the Civil War and Reconstruction, rather than the Revolution and the Founding. He is also the author of two novels, In the Shadow of the Law (Farrar, Straus & Giroux, 2005) and Allegiance (ReganArts, 2015). In 2014, he was selected by the American Law Institute as the Reporter for the Restatement (Third) of Conflict of Laws.

Posts by Kermit Roosevelt

What 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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