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92 Tul. L. Rev. 1 (2017-2018)

handle is hein.journals/tulr92 and id is 21 raw text is: TULANE LAW REVIEW VOL. 92 NOVEMBER2017 No. 1 The Third Conflicts Restatement's First Draft on Tort Conflicts* Symeon C. Symeonides** I. INTRODUCTION....................2.... ............2 II. THE DISTINCTION BETWEEN Loss-ALLOCATING AND CONDUCT-REGULATING RULES ......... ............... 5 A. The Distinction.. .............................5 B. Its Origin ............6........ ...........6 C. Its Validity: Separating Purpose and Effect ................8 D. Its Manageability: Identifying the Primary Purpose ...............l...................1 E. Its Practical Effect ..................... .....14 Elf. Loss-ALLOCATION CONFLICTS........................16 A. Shared Party-Affiliation (Common-Domicile) Cases .....................................16 1. The Common-Domicile Rule of Section 6.02 and Its Companions ............. ............ 16 * C 2017 Symeon C. Symeonides. This Article is dedicated to the memory of Professor Athanassios N. Yiannopoulos, an ingenious law reformer and exemplary scholar of civil and comparative law. Its subject, conflicts law, was the first of Thanassi's many loves and the focus of his first doctoral degree, under the mentorship of the great Albert Ehrenzweig of University of California, Berkeley. When told that, for an immigrant, one doctoral degree was not enough for a teaching career, he obliged by obtaining a second one from Cologne University, under another giant of conflicts law, Gerhard Kegel. Since then, working twice as hard as his peers became Thanassi's modus operandi. His unsurpassed record of scholarly accomplishments is the product of that work ethic and his legacy to his adopted homeland. ** Alex L. Parks Distinguished Chair in Law and Dean Emeritus, Willamette University; LL.B. (Priv. L), LL.B. (Pub. L.), LL.M., S.J.D., LL.D. (h.c.mult.), Ph.D. (h.c.). 1

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