Conflict of Laws Posts

Simplifying Choice of Law Interest Analysis

Modern choice of law doctrine invites judges to consider the interests that states have in applying their law to a dispute. But modern choice of law doctrine has never provided judges with a rubric by which to conduct this interest analysis. This paper attempts to fill that void by proposing an extremely simple rubric by which judges can determine whether a state has an interest in applying its law to a horizontal choice of law dispute.

Conflict of Laws: Domicile of Natural and Juridical Persons

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The following entry contains the Black Letter and Comments a and b to § 2.01 of Tentative Draft No. 1, Chapter 2. Domicile, from Restatement of the Law Third, Conflict of Laws. The full draft contains additional Comments and Reporters’ Notes.

Reporters’ Guide to: Restatement of the Law Third, Conflict of Laws

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In this video summary, Reporters Kermit Roosevelt III, Laura E. Little, and Christopher A. Whytock provide an overview of Tentative Draft No. 1 (2020) of Restatement of the Law Third, Conflict of Laws, which contains parts of Chapter 1, Introduction; Chapter 2, Domicile; and Chapter 5, Choice of Law.