Article by Thomas P. Gallanis
In addition to the Introduction and a brief Conclusion, this Article is divided into three parts. Part I examines the two most widely adopted U.S. approaches to the choice of law--the approaches of the Restatement (First) of Conflict of Laws and the Restatement (Second) of Conflict of Laws--and analyzes their application to the question under discussion. Part II turns to the relevant provisions of the Uniform Trust Code (UTC). The UTC has been enacted in thirty-five states and the District of Columbia. Some enacting states, however, have departed from the official text. Part II and its appendices examine the relevant provisions of the UTC's official text as well as the non-uniform versions of those provisions in the enacting states. Part III proposes a path forward for the Third Restatement and the draft uniform act.
About the Author
Thomas P. Gallanis. Allan D. Vestal Chair in Law, University of Iowa; Visiting Professor of Law and Charles J. Merriam Scholar, University of Chicago Law School; Visiting Professor, Shanghai Jiao Tong University.
Citation
97 Tul. L. Rev. 805