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Second Generation Law and Economics of Conflict of Laws: Baxter's Comparative Impairment and Beyond
(Stanford Law Review, 1999)
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 ...
The Essential Role of Courts for Supporting Innovation
(Texas Law Review, 2014)
Commercial parties commonly resolve their disputes in arbitration rather than courts. In fact, some estimate that as many as 90 percent of international commercial contracts opt for arbitration of future disputes, and ...
Using Criminal Punishment to Serve Both Victim and Social Needs
(Law and Contemporary Problems, 2009)
In this article we propose changing the manner in which control rights over criminal sanctions are distributed. This modest change has the potential to increase victim well-being without interfering with social needs. ...
Organizational Apologies: BP as a Case Study
(Vanderbilt Law Review, 2011)
This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances ...
Group-Conflict Resolution: Sources of Resistance to Reconciliation
(Law and Contemporary Problems, 2009)
In the past few years a number of scholars in a variety of intellectual disciplines have contributed to a better understanding of dyadic conflicts and their resolution. In particular, sociologists, psychologists, ...
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 ...
Corporations and the Market for Law
(University of Illinois Law Review, 2008)
The state competition for corporate law has long been studied as a distinct phenomenon. Under the traditional view, corporations are subject to a unique choice-of-law rule, the internal affairs doctrine (IAD). This rule ...
A Cognitive Theory of Trust
(Washington University Law Review, 2006)
Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be ...
Economics, Behavioral Biology, and Law
(Supreme Court Economic Review, 2011)
The article first compares economics and behavioral biology, examining the assumptions, core concepts, methodological tenets, and emphases of the two fields. Building on this, the article then compares the applied ...
Parole, in "Eighteenth Annual Review of Criminal Procedure: United States Supreme Court and Court of Appeals, 1987-88"
(Georgetown Law Journal, 1989)
The purpose of parole is to integrate prisoners into society by allowing them to serve a portion of their sentences outside prison. While on parole, the parolee is subject to the continuing supervision of a parole or ...