Reflection on Collective Thought

I consider a Restatement in general to be an exercise in harnessing collective wisdom, not the wisdom of a Reporter. It’s an attempt to gather the collective wisdom of the courts in this country on various difficult questions, and the collective wisdom of the bench, the bar, and the legal academy in making sense out of what the courts have said.

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Defining Consent

In a recent Associated Press interview, NYU School of Law professor Erin E. Murphy brings attention to the complexity of sex assault laws and the definition of consent.

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A Theoretical Perspective of the Public Policy Doctrine in the Conflict of Laws

The public policy doctrine in the conflict of laws has been often characterised as uncertain and ambiguous. This article aims to examine the doctrine at common law from a theoretical perspective in order to: first, determine whether the substantive considerations which courts have invoked under the public policy doctrine are theoretically justifiable; second, discern principled boundaries around the courts’ exercise of the defence.

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