A Radically Transformed Restatement for Conflicts

This Article proposes a radical transformation in the way ALI Restatements are written in the field of choice of law. It argues that the projected new Restatement (Third) of Conflict of Laws, insofar aschoice of law is concerned, can and should be built on the best foundation we have—the constitutional opinions of the United States Supreme Court dealing with the conflict of laws, and the application of the Court’s methods to common-law conflicts. Offering critical commentary on current cases, the Article proposes a different way of classifying and organizing cases, not by kind of claim, but rather by kind of conflict. This can be achieved through familiar analytic methods, and tested against constitutional ground rules. The Article carries interest-analytic thinking to its logical conclusions to create a complete system of choice of law

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