Restatement (Third) of Conflict of Laws

Now or Then? The Temporal Aspects of Choice-of-Law Clauses

Several years ago, I published a paper that examined how U.S. courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. There was, however, one important omission. The…

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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
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Hornung

Cornell Law School
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Jonathan Schaffer-Goddard

Holwell Shuster & Goldberg; 4 Pump Court, London
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Chimène Keitner

UC Hastings Law
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David P. Stewart

Georgetown University Law Center
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Curtis A. Bradley

University of Chicago Law School
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Benjamin Hayward

Department of Business Law and Taxation, Monash Business School
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Rajat Lal

Faculty of Law, Monash University
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David Landau

Florida State University College of Law
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Katie Burghardt Kramer

DGW Kramer LLP
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Tanya Monestier

University at Buffalo School of Law
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