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Conflict of Laws

Selected Works

2019

Articles 1 - 5 of 5

Full-Text Articles in Law

Property, Exclusivity, And Jurisdiction, James Y. Stern Sep 2019

Property, Exclusivity, And Jurisdiction, James Y. Stern

James Y. Stern

No abstract provided.

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Choice Of Law, The Constitution And Lochner, James Y. Stern Sep 2019

Choice Of Law, The Constitution And Lochner, James Y. Stern

James Y. Stern

No abstract provided.

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Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman Sep 2019

Corporations And Autonomy Theories Of Contract: A Critique Of The New Lex Mercatoria, Nathan B. Oman

Nathan B. Oman

One of the central problems of contracts jurisprudence is the conflict between autonomy theories of contract and efficiency theories of contract. One approach to solving this conflict is to argue that in the realm of contracts between corporations, autonomy theories have nothing to say because corporations are not real people with whose autonomy we need to be concerned. While apparently powerful, this argument ultimately fails because it implicitly assumes theories of the corporation at odds with economic theories of law. Economics, in turn, offers a vision of the firm that is quite hospitable to autonomy theories of contract. The failure …

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The Return Of The Unprovided-For Case, Michael S. Green Sep 2019

The Return Of The Unprovided-For Case, Michael S. Green

Michael S. Green

No abstract provided.

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Dual Regulation Of Insurance, Christopher French Dec 2018

Dual Regulation Of Insurance, Christopher French

Christopher C. French

Since this country was created, the insurance industry has been principally
regulated by the states with infrequent Congressional interventions.
As the insurance industry has evolved in recent decades, however, individual
states have become unable to adequately regulate some insurers, such
as multinational insurers and foreign insurers, because they lack jurisdiction
over such entities. Simply having the federal government assume responsibility
for regulating insurers will not solve the current regulatory
problems, however, because Congress’ past forays into regulating certain
areas of insurance generally have yielded poor results. Consequently, this
Article makes the novel proposal and argument that, with the creation of …

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