Conflict of Laws

In this summary, Reporters Kermit Roosevelt III, Laura E. Little, and Christopher A. Whytock provide an overview of Tentative Draft No. 1 (2020), which contains parts of Chapter 1, Introduction; Chapter 2, Domicile; and Chapter 5, Choice of Law.

At its meetings on October 13 and October 22-23, 2020, the Council discussed §§ 6.01, 6.05, and 6.10 of Council Draft No. 4, which contained Topic 1, General Rules, of Chapter 6 on Torts, but no approval vote was taken. Working with a small group of Council members, the Reporters will explore (i) reformulating the system set out in the black letter using a general rule of place of conduct with exceptions for common domicile and split domicile, and (ii) moving the description of the distinction between conduct-regulating issues (territorial connecting factors) and loss-regulating issues (personal connecting factors) to the commentary.

This project was on the 2020 Annual Meeting agenda. Although the 2020 Annual Meeting was cancelled, project drafts were produced and posted online. Each was a Tentative Draft, but no motions were made and no voting occurred. The drafts may be revised or supplemented before submission at the next Annual Meeting.

Status Chart:

X

This project has not yet been presented to membership at an Annual Meeting.

Portions of several Chapters have been drafted. The projected table of contents includes the following Chapters: Personal Geographic Links, Judicial Jurisdiction, Recognition and Enforcement of Judgments, Choice of Law, Torts, and Property, among other topics. 

All draft approvals are subject to the discussion at the meeting and usual editorial prerogative.

For an in-depth description of this project, please visit the Conflict of Laws page of The ALI Adviser.