Thomas P. Gallanis | January 23, 2019 | Conflict of Laws
AbstractThis 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...
Kermit Roosevelt III | January 11, 2019 | Conflict of Laws
AbstractTraditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty...
Christopher A. Whytock | December 12, 2018 | Conflict of Laws, U.S. Foreign Relations Law
ABSTRACTPolitical scientists — primarily in the discipline’s international relations subfield — have long studied international law. This article identifies five stages of political science research on international law, including the current interdisciplinary...
Kermit Roosevelt III and Bethan Jones | November 8, 2018 | Conflict of Laws
Abstract. This Essay responds to Lea Brilmayer and Dan Listwa’s criticisms of the Draft Restatement (Third) of Conflict of Laws. We appreciate their engagement. As a general matter, we disagree about the nature and purpose of restatements. More specifically, we...
Lea Brilmayer and Daniel B. Listwa | November 5, 2018 | Conflict of Laws
Abstract. A deep contradiction lies at the heart of the Draft Restatement (Third) of Conflict of Laws. The Draft Restatement embraces a novel theoretical framework—the “two-step” theory—that attempts to integrate the basic tenets of so-called “modern” choice of law...
Gregory Capps and Zachery Roth | July 18, 2018 | Conflict of Laws, Liability Insurance
On July 16, 2018, the Delaware Supreme Court held in Travelers Indemnity Company v. CNH Industrial America, LLC, No. 420, 2017 (Del. Jul. 16, 2018), that a court’s choice of law inquiry in an insurance coverage dispute should focus on the contacts most relevant to the...
