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Opting Out of Regulation: A Public Choice Analysis of Contractual Choice of Law
(Vanderbilt Law Review, 2000)
This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international ...
Rules and Institutions in Developing a Law Market: Views from the United States and Europe
(Tulane Law Review, 2008)
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 ...
Interest Groups, Contracts and Interest Analysis
(Mercer Law Review, 1997)
Interest analysis does not stand up well under economic analysis. Richard Posner has noted that the territorial approach to choice-of-law rules reflected in the First Restatement enabled states at least roughly to exercise ...