An Exchange on the Draft Restatement (Third) of Conflict of Laws
The American Law Institute is currently engaged in drafting a new restatement on the subject of Conflict of Laws. In this exchange, Lea Brilmayer & Daniel B. Listwa debate the merits of the new restatement with Kermit Roosevelt III & Bethan R. Jones.
Continuity and Change in the Draft Restatement (Third) of Conflict of Laws: One Step Forward and Two Steps Back?
A deep contradiction lies at the heart of the Draft Restatement (Third) of Conflict of Laws. This Essay addresses that tension, explaining that the new Restatement’s synthesized black-letter rules are incompatible with its modern two-step theory.
This Essay responds to Lea Brilmayer & Daniel B. Listwa, defending the Draft Restatement as an attempt to bring greater predictability and coherence to choice of law through more determinate rules.