Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Conflict of Laws
How Modern Choice Of Law Helped To Kill The Private Attorney General, Erin O'Hara O'Connor
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
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
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
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
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
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
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
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
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
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
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
The Conflict Of Laws And The Florida Usury Case, F. Townsend Hawkes
Florida State University Law Review
No abstract provided.