Thomas P. Gallanis | November 29, 2023 | Conflict of Laws
Below is the abstract for “Trusts and the Choice of Law: What Role for the Settlor’s Choice and the Place of Administration?,” available for download on SSRN. In modern trust practice, a settlor often seeks to create a trust to be governed by the law of and...
Ronald Mann | October 27, 2023 | Conflict of Laws
This piece was originally published by SCOTUSblog.com on October 6, 2023. Tuesday’s argument in Great Lakes Insurance v. Raiders Retreat Realty offers a breather between the divisive disputes about the CFPB and voting rights topping the headlines at the advent of the...
Seo Ho Lee | June 28, 2023 | Conflict of Laws
In Yegiazaryan v. Smagin, No. 22–381 (June 22, 2023), the U.S. Supreme Court cited Restatement of the Law, Conflict of Laws § 377 and Restatement of the Law Second, Conflict of Laws § 145 in clarifying that an aggrieved party has alleged a “domestic injury” for...
Eric T. Laity | June 7, 2023 | Conflict of Laws
Below is the abstract for “International Prescriptive Jurisdiction and American Conflict of Laws,” available for download on SSRN. There is a fundamental omission from the American law of conflict of laws. Among its rules and factors, there is no attempt to identify...
John F. Coyle, William S. Dodge and Aaron Simowitz | April 26, 2023 | Conflict of Laws
Below is the abstract for “Choice of Law in the American Courts in 2022: Thirty-Sixth Annual Survey,” available for download on SSRN. This is the Thirty-Sixth Annual Survey of American Choice-of-Law Cases. It was written at the request of the Association of American...
Robert B. Niles-Weed and Robert H. Sitkoff | February 10, 2023 | Conflict of Laws
Below is the abstract for “The Twenty-First Century Revolution in Conflict of Trust Laws,” available for download on SSRN. There is broad consensus that the law of conflict of trust laws is outdated. Both the American Law Institute and the Uniform Law Commission have...
