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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. ...
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, ...
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 ...
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 ...
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 ...
From Politics to Efficiency in Choice of Law
(University of Chicago Law Review, 2000)
This article proposes a comprehensive system for choice of law that is designed to enhance social wealth by focusing on individual rather than governmental interests. To the extent practicable, parties should be able to ...
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 ...
Choice of Law for Internet Transactions: The Uneasy Case for Online Consumer Protection
(University of Pennsylvania Law Review, 2005)
This Essay explores the possibility that the market for online purchases fails to work as efficiently as it can because consumers lack trust in unknown vendors, and it argues that consumer distrust in unknown vendors can ...
Apology and Thick Trust: What Spouse Abusers and Negligent Doctors Might Have in Common
(Chicago-Kent Law Review, 2004)
As apology advocates have previously emphasized, much of the civil litigation that clogs court dockets in America today could be avoided with a simple heartfelt apology. Although sometimes difficult to offer, these expressions ...