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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


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


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


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


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


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


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


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


Review Essay—German Capital Market Law †: A Permanent Reform

Matthias Casper

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0031
Subject:
Law, Public International Law

This chapter reviews the book Kapitalmarkt und Börsenrecht by Markus Lenenbach. Lenenbach, an assistant professor at the University of Freiburg, has undertaken to present capital market law in the ... More


The Administration of Justice in Medieval Egypt: From the 7th to the 12th Century

Yaacov Lev

Published in print:
2020
Published Online:
September 2020
ISBN:
9781474459235
eISBN:
9781474480789
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474459235.001.0001
Subject:
Society and Culture, Middle Eastern Studies

This book discusses how justice was administrated and applied in medieval Egypt. The model that evolved during the early middle ages involved four judicial institutions: the cadi, the court of ... More


Reforming German Corporate Governance †: Inside a Lawmaking Process of a Very New Nature—An Interview with Theodor Baums

Theodor Baums and Peer C. Zumbansen

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0032
Subject:
Law, Public International Law

In the spring of 2000, a commission entitled Corporate Governance—Unternehmensführung (corporate management)—Unternehmenskontrolle (Corporate Control)—Modernisierung des Aktienrechts (Modernization ... More


From Collective Laissez-Faire to the Law of the Labour Market

Ruth Dukes

in The Labour Constitution: The Enduring Idea of Labour Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199601691
eISBN:
9780191792700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601691.003.0005
Subject:
Law, Employment Law, Constitutional and Administrative Law

This chapter engages with an influential strand of British labour law scholarship which argues that labour law ought to be reconceived as the ‘law of the labour market’. It focuses on a body of work ... More


State Aid and Obstacles to Trade

Andrea Biondi and Piet Eeckhout

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0005
Subject:
Law, EU Law

This chapter provides the debate on the evolution and development of State aid policy, by looking at its intercourse with the free movement side of the internal market. It looks at three dimensions. ... More


What is the EU’s internal market?

Stephen Weatherill

in Law and Values in the European Union

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199557264
eISBN:
9780191828768
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557264.003.0006
Subject:
Law, EU Law

This chapter discusses the concept of an internal market, defined in Article 26(2) TFEU as an ‘area without internal frontiers in which the free movement of goods, persons, services and capital is ... More


Law as a Contested Commodity

Johanna Stark

in Law for Sale: A Philosophical Critique of Regulatory Competition

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198839491
eISBN:
9780191875441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198839491.003.0006
Subject:
Law, Philosophy of Law

Several types of philosophical arguments have been offered as to why some things should not, or cannot, consistently be bought and sold, such as human organs, Nobel Prizes, or democratic votes. ... More


Regulatory Competition

Johanna Stark

in Law for Sale: A Philosophical Critique of Regulatory Competition

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198839491
eISBN:
9780191875441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198839491.003.0002
Subject:
Law, Philosophy of Law

This chapter introduces regulatory competition as a conceptual framework and factual phenomenon. It discusses the structural preconditions of a ‘law market’, including state suppliers’ incentives to ... More


Private Regulation and EU Economic Law

Mislav Mataija

in Private Regulation and the Internal Market: Sports, Legal Services, and Standard Setting in EU Economic Law

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198746652
eISBN:
9780191808937
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746652.003.0001
Subject:
Law, EU Law, Competition Law

This chapter provides an overview of the main themes of the book and illustrates the various angles from which the academic debate has approached private regulation. It briefly outlines how free ... More


Applying Hayek’s Insights about Discovery and Spontaneous Order to Governance

Edward Peter Stringham

in Private Governance: Creating Order in Economic and Social Life

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199365166
eISBN:
9780199366132
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199365166.003.0013
Subject:
Economics and Finance, Public and Welfare

The theory of emergent order discusses how markets help bring about a complex outcome that was not necessarily designed or intended by anyone. Hayek refers to the competitive process of the market as ... More


Introduction

Maria Weimer

in Risk Regulation in the Internal Market: Lessons from Agricultural Biotechnology

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198732792
eISBN:
9780191797002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198732792.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This book examines the legal and political context of European Union regulation of agricultural biotechnology, using the case of genetically modified organisms (GMOs) as a classic example of the ... More


The Economic Case for Regulatory Competition

Johanna Stark

in Law for Sale: A Philosophical Critique of Regulatory Competition

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198839491
eISBN:
9780191875441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198839491.003.0003
Subject:
Law, Philosophy of Law

This chapter discusses arguments in favour of and against regulatory competition—and systems competition—from an economic perspective. The first strand of positive arguments refers to the merits of ... More


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