Restatement (Third) of Conflict of Laws

Federal Law and Choice-of-Law Reform

How much should federal law have to say about the choice-of-law rules used by federal courts in diversity cases? In Klaxon v. Stentor Electric Manufacturing Co., Inc., the U.S. Supreme Court held that federal courts sitting in diversity should apply the choice-of-law rules prevailing in the states in which they sit. This post defends the…

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Choice-of-Law Statutes?

American choice of law relies primarily on common law methods that differ from state to state. Determining the relevant law when a dispute has a connection to more than one state can be difficult. When the dispute is transnational, the difficulties increase, particularly if the forum state’s choice-of-law rules incorporate a home-state bias. Oregon’s response…

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A Primer on Choice of Law

Choice-of-law rules are used to determine the rights, duties, and liabilities of persons involved in a case with a connection to more than one jurisdiction. In the United States, most choice-of-law rules are state law; the federal government rarely legislates in this area. Courts in the United States apply the same rules to international and…

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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 F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

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

David L. Sloss

Santa Clara University School of Law
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John Parry

Lewis & Clark Law School
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Mark B. Feldman

Georgetown University Law Center
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Lawrence Collins

University College London
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Dmitriy Bogorodskiy

Pepperdine University
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Pamela K. Bookman

Fordham University School of Law
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Azadeh Mizani

Shahid Beheshti University
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Matt Hornung

Cornell Law School
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