American Trends in Private International Law: Academic and Judicial Manipulation of Choice of Law Rules in Tort Cases
The Restatement attempts to provide as much guidance as it is believed the current state of the authorities will permit. Hard-and-fast rules of choice of law are stated in the few situations in which this was deemed possible . Elsewhere formulations of varying degrees of specificity are employed." Nevertheless, it cannot be denied that the principal weakness of the Restatement is the relatively little guidance that it affords. Properly viewed, it is a transitional document. It was written during a time of change and chaos when there was little indication of the direction that would betaken by future developments in choice of law. This situation persists and is likely to continue during the appreciable future. It is hoped that in due course new rules will be developed or at least that a consensus will emerge with respect to the approach to betaken to choice of law. That will be the time for work on a third Restatement to commence.
Willis L.M. Reese,
American Trends in Private International Law: Academic and Judicial Manipulation of Choice of Law Rules in Tort Cases,
33 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol33/iss3/6