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On Apology and Consilience
(Washington Law Review, 2002)
This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing ...
The Jurisprudence and Politics of Forum-Selection Clauses
(Chicago Journal of International Law, 2002)
Recent US court enforcement of foreign forum-selection clauses is durable only
to the extent that the clauses make the contracts more valuable to the parties. The
clauses can create value by making dispute resolution ...
Economics, Public Choice, and the Perennial Conflict of Laws
(Georgetown Law Journal, 2002)
This piece is a response to an article by Andrew Guzman, which proffers an efficiency framework for choice-of-law problems in interjurisdictional conflicts. The response incorporates insights from public choice theory into ...