American Law Institute

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…

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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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A 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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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John Coyle

University of North Carolina School of Law
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Peter B. "Bo" Rutledge

University of Georgia School of Law
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Linda J. Silberman

New York University School of Law
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Geneviève Saumier

McGill University Faculty of Law
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David L. Sloss

Santa Clara University School of Law
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Philippa Webb

King's College London
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Robert Kry

MoloLamken LLP
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Katie Burghardt Kramer

DGW Kramer LLP
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Ellen Nohle

Yale Law School
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Chris Ewell

EarthRights International
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Oona A. Hathaway

Yale Law School
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