Conflict of Laws Posts
Conflict of laws is the field of law concerned with the resolution of legal questions having connections with more than one state. Typically, it comprises the subfields of personal jurisdiction, recognition of judgments, and choice of law.
At its meetings on October 13 and October 22-23, 2020, the Council reviewed and discussed Council Drafts of seven projects and approved drafts and portions of drafts.
In an earlier post, we shared the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws.
The following entry contains the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws.
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.
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.
In a dissenting opinion delivered in Hernández v. Mesa, No. 17-1678 (February 25, 2020), U.S. Supreme Court Associate Justice Ruth Bader Ginsburg quoted Restatement of the Law Third, The Foreign Relations Law of the United States § 402 and Restatement of the Law Second, Conflict of Laws § 145, Comment e.
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
In June 2019, President Donald Trump suggested the European Union’s (EU) suits against certain American companies, such as Facebook and Google, were inappropriate legal actions.
This Essay offers a novel solution to a thorny problem at the intersection of trust law and the conflict of laws: When should the settlor be able to choose a governing law other than the law of the jurisdiction with the most significant relationship to the trust?