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Full-Text Articles in Conflict of Laws

How Modern Choice Of Law Helped To Kill The Private Attorney General, Erin O'Hara O'Connor Jul 2013

How Modern Choice Of Law Helped To Kill The Private Attorney General, Erin O'Hara O'Connor

Scholarly Publications

It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar of conflict of laws in the twentieth century. Mercer has the distinction of being both Currie’s law school alma mater as well as his first academic appointment, probably the two most significant intellectual influences on any scholar. More recently, Mercer has attracted other influential conflicts scholars and cheerleaders of the topic, including Dean Gary Simson, Larry Ribstein, Hal Lewis, and Bruce Posnak, among …


Rules And Institutions In Developing A Law Market: Views From The United States And Europe, Erin O'Hara O'Connor, Larry E. Ribstein Jan 2008

Rules And Institutions In Developing A Law Market: Views From The United States And Europe, Erin O'Hara O'Connor, Larry E. Ribstein

Scholarly Publications

Developments in European choice of law seem to offer the United States a tantalizing opportunity for escape from the chaos of state-by-state choice-of-law rules. Specifically, the Rome Regulations provide the sort of uniform choice-of-law rules that have eluded the United States. Also, decisions of the European Court of Justice that permit firms to adopt home-country rules in some situations seem to facilitate jurisdictional choice by private parties. This top-down ordering of choice-of-law rules contrasts with the seemingly chaotic and decentralized system that prevails in the United States. However, decentralized American-style federalism might have something to offer Europe because choice of …


Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Hara O'Connor Apr 2002

Economics, Public Choice, And The Perennial Conflict Of Laws, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.


Second Generation Of Law And Economics Of Conflict Of Laws: Baxter's Comparative Impairment And Beyond, Erin O'Hara O'Connor, William H. Allen May 1999

Second Generation Of Law And Economics Of Conflict Of Laws: Baxter's Comparative Impairment And Beyond, Erin O'Hara O'Connor, William H. Allen

Scholarly Publications

In his 1963 article in the Stanford Law Review, “Choice of Law and the Federal System,” Professor William F. Baxter criticized the choice-of-law approach of the First Restatement of the Conflict of Laws. According to the Restatement, courts should apply the law of the state where the last act or event deemed necessary to create a cause of action occurred. In contrast, Baxter advocated a comparative-impairment approach, whereby judges were obligated to apply the law of the state whose public policy would suffer the greatest impairment if its law was not applied. The authors contend that although Baxter’s approach caries …


Interest Groups, Contracts And Interest Analysis, Erin O'Hara O'Connor, Larry E. Ribstein Jan 1997

Interest Groups, Contracts And Interest Analysis, Erin O'Hara O'Connor, Larry E. Ribstein

Scholarly Publications

No abstract provided.


Community And Fairness In Democratic Theory, Mark Tushnet Oct 1987

Community And Fairness In Democratic Theory, Mark Tushnet

Florida State University Law Review

This commentary responds to an article by Lea Brilmayer in this edition. Professor Tushnet challenges Professor Brilmayer's assertion regarding democratic theory that the process theory of United States v. Carolene Products is irreconcilable with the interest theory which stems from conflict of law analysis.


Response, Lea Brilmayer Oct 1987

Response, Lea Brilmayer

Florida State University Law Review

Professor Brilmayer responds to the commentaries of Professors Laycock, Tushnet, and George.


Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer Oct 1987

Shaping And Sharing In Democratic Theory: Towards A Political Philosophy Of Interstate Equality, Lea Brilmayer

Florida State University Law Review

Interstate cases pose most dramatically the question of the legitimacy of a state's exercise of coercive power. Professor Brilmayer analyzes two existing theories of interstate relations, rejects the notion that democratic theory requires that interstate equality need be an all-or-nothing issues, and suggests that the basis for a state' coercive power toward outsiders should be sharing the burdens and benefits of state law.


Asking The Right Questions, Lawrence C. George Oct 1987

Asking The Right Questions, Lawrence C. George

Florida State University Law Review

Professor George analyzes what he sees as Professor Brilmayer's major thesis: that neither modern choice of law nor equal protection principles provide a sound basis for jurisdictional doctrine. Concluding that she has failed to consider a possible Critical Legal Studies approach to the problems she poses, he suggests one.


Equality And The Citizens Of Sister States, Douglas Laycock Oct 1987

Equality And The Citizens Of Sister States, Douglas Laycock

Florida State University Law Review

Professor Laycock's commentary is written in response to Lea Brilmayer's article in this edition. Brilmayer and Laycock agree that states owe equal treatment to citizens of sister states, and that the obligation does not extend to the exercise of government power. But Laycock would derive these rules from constitutional text and structural needs of the federal union. He think that Brilmayer's broader political theory is only marginally relevant to their shared conclusion.


Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman Oct 1984

Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman

Florida State University Law Review

No abstract provided.


The Conflict Of Laws And The Florida Usury Case, F. Townsend Hawkes Oct 1981

The Conflict Of Laws And The Florida Usury Case, F. Townsend Hawkes

Florida State University Law Review

No abstract provided.