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Arbitration and the Law Market

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0005
Subject:
Political Science, American Politics

This chapter describes the role of arbitration in the law market, focusing on arbitration mandated by the parties' pre-dispute contracts. State and international competition for favorable arbitration ... More


Consumer Contracts

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0007
Subject:
Political Science, American Politics

This chapter explores the use of choice-of-law, choice-of-court, and arbitration clauses in consumer contracts, including electronic commerce. It explores the question of the extent to which ... More


The Law Market

Larry E. Ribstein and Erin O'Hara

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.001.0001
Subject:
Political Science, American Politics

Cheaper transportation, faster communication, and lowered trade barriers have made people, firms, and their assets much more mobile. This increasing mobility has strained traditional notions that ... More


A Federal Choice‐of‐Law Statute

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.00010
Subject:
Political Science, American Politics

This chapter proposes a way to preserve the benefits of the law market while eliminating some of the impediments to its efficient operation: a federal statute that compels states to enforce ... More


Summary and Implications

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0011
Subject:
Political Science, American Politics

The final chapter includes thoughts on some of the broader implications of the book. The law market can change one's view of regulation. What really matters to whether regulations are binding is not ... More


Introduction

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0001
Subject:
Political Science, American Politics

This chapter introduces the concept of the market for law that the book will explore in detail. It describes the relationship between this market and the field of law called “conflict of laws.” ... More


Policy Arguments

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0002
Subject:
Political Science, American Politics

As background for explaining the costs and benefits of the law market, this chapter uses public choice theory to explain the political dynamic that causes states sometimes to adopt inferior laws. ... More


Choice‐of‐Law Principles

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0003
Subject:
Political Science, American Politics

This chapter focuses on the legal treatment of choice of law to illustrate one important function of choice-of-law clauses: predictability. Without these clauses, the parties must rely on a morass of ... More


The Creation of a Law Market

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0004
Subject:
Political Science, American Politics

This chapter discusses the essential elements of a law market and jurisdictional competition—that is, ways that governing laws can be chosen by people and firms rather than mandated by states. This ... More


Marriage and Other Social Issues

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0008
Subject:
Political Science, American Politics

This chapter discusses the market for law relating to marriage and other family relationships. Marriage can be viewed as a kind of “standard form contract,” much like a corporation, where the parties ... More


Property

Erin A. O'Hara and Larry E. Ribstein

in The Law Market

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195312898
eISBN:
9780199871025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195312898.003.0009
Subject:
Political Science, American Politics

This chapter shows that a law market, both potential and real, exists for legal rules regarding property. It focuses on three aspects of that law market—the state competition for trust funds and how ... More


Trends and Developments in the Legal Landscape

Lokke Moerel

in Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662913
eISBN:
9780191746208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662913.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses some trends and developments in the regulatory landscape, such as the increasing tensions between the different regulatory systems, the prospects of the growing call for a ... More


BCR and EU Rules of Private International Law

Lokke Moerel

in Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662913
eISBN:
9780191746208
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662913.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses the interaction of Binding Corporate Rules (BCR) with rules of private international law (PIL), which is twofold. First there is the traditional function of PIL, where for ... More


Sovereign Defaults Before Domestic Courts

Hayk Kupelyants

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198807230
eISBN:
9780191844942
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198807230.001.0001
Subject:
Law, Company and Commercial Law

The monograph examines sovereign debt litigation before the English and New York courts. English and New York courts are the two main jurisdictions customarily chosen to resolve sovereign debt ... More


October 2005: Tales from the Court

Kenneth McK Norrie

in Professor Norrie's Commentaries on Family Law

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.003.0026
Subject:
Law, Family Law

Four Court of Session cases of some interest: Wetherhill v Sheikh 2005 Fam LR 7, which might have proved the nail in the coffin for the concept of marriage by cohabitation with habit and repute; ... More


Choice of Law Rules: The Options

Andrew Koppelman

in Same Sex, Different States: When Same-Sex Marriages Cross State Lines

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300113402
eISBN:
9780300135138
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113402.003.0007
Subject:
Political Science, American Politics

This chapter surveys choice of law rules that occupy a middle ground between automatic recognition and blanket nonrecognition. One possibility is to follow the Second Restatement rule (and some of ... More


Private International Law and International Commercial Arbitration – A Dialogue about the Usefulness and Awareness of the Former for the Latter

Giuditta Cordero-Moss and Diego P. Fernández Arroyo

in Diversity and Integration in Private International Law

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474447850
eISBN:
9781474476492
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474447850.003.0019
Subject:
Law, Private International Law

This chapter reproduces a keynote debate that took place at one of the conferences in Edinburgh in the context of the PILIM project. Diego Fernandez Arroyo and Giuditta Cordero-Moss discussed the ... More


Demystifying Private International Law for International Commercial Contracts

Guillermo Argerich and María Laura Capalbo

in Diversity and Integration in Private International Law

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474447850
eISBN:
9781474476492
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474447850.003.0020
Subject:
Law, Private International Law

Demystifying the difficulty in understanding the theoretical approach that private international law has traditionally adopted and translating this into a suitable framework for drafting relevant ... More


The Foundation of Choice of Law: Choice and Equality

Sagi Peari

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190622305
eISBN:
9780190622336
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190622305.001.0001
Subject:
Law, Private International Law, Philosophy of Law

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines, and concepts. It offers a conceptual account of choice of law, ... More


Substantive Law Determinations in International Commercial Arbitration: The Legal Rules

Joshua Karton

in The Culture of International Arbitration and The Evolution of Contract Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199658008
eISBN:
9780191757914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658008.003.0005
Subject:
Law, Private International Law

This chapter lays out the rules of law that pertain to substantive law determinations in international commercial arbitration and shows how these differ from the rules that apply within national ... More


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