Now showing items 1-20 of 31

    • O'Connor, Erin O'Hara, 1965- (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 ...
    • Thomas, Randall S., 1955-; O'Connor, Erin O'Hara, 1965-; Martin, Kenneth J. (Vanderbilt Law Review, 2010)
      A bill currently pending in Congress would render unenforceable mandatory arbitration clauses in all employment contracts. Some perceive these provisions as employer efforts to deprive employees of important legal rights. ...
    • O'Connor, Erin O'Hara, 1965- (Florida Law Review, 2001)
      The field of law and biology is growing rapidly, and the good scholarship typically has much to do with Owen Jones... The general message that Professor Jones disseminates in his articles is important. Law cannot reach ...
    • O'Connor, Erin O'Hara, 1965- (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 ...
    • O'Connor, Erin O'Hara, 1965-; Hill, Claire A. (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 ...
    • O'Connor, Erin O'Hara, 1965- (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 ...
    • Thomas, Randall S., 1955-; Martin, Kenneth J.; O'Connor, Erin O'Hara, 1965- (Iowa Law Review, 2012)
      According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...
    • Martin, Kenneth J.; O'Connor, Erin O'Hara, 1965-; Thomas, Randall S., 1955- (Iowa Law Review, 2012)
      According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...
    • Jones, Owen D.; O'Connor, Erin O'Hara, 1965-; Stake, Jeffrey Evans, 1953- (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 ...
    • O'Connor, Erin O'Hara, 1965- (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 ...
    • O'Connor, Erin O'Hara, 1965-; Drazohal, Christopher R. (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 ...
    • O'Connor, Erin O'Hara, 1965-; Ribstein, Larry E. (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 ...
    • O'Connor, Erin O'Hara, 1965- (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, ...
    • O'Connor, Erin O'Hara, 1965- (Georgetown Law Journal, 1990)
      This note argues that to deter negligent behavior adequately, tortfeasors should be held liable for what may be the most substantial cost they impose on accident victims-"hedonic damages," or the loss of the value of life ...
    • O'Connor, Erin O'Hara, 1965- (Mercer Law Review, 2013)
      It is a great honor to be asked to deliver the second Annual Brainerd Currie Lecture at Mercer University School of Law. Brainerd Currie was an immensely influential law professor who is recognized as the leading scholar ...
    • O'Connor, Erin O'Hara, 1965-; Ribstein, Larry E. (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 ...
    • O'Connor, Erin O'Hara, 1965- (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 ...
    • O'Connor, Erin O'Hara, 1965-; Murphy, Richard S. (Supreme Court Economics Review, 1996)
      This article analyzes Supreme Court and other federal court cases, to explain the seemingly disparate incorporation of mistake of law excuses into federal criminal statutes. Most of the cases can be explained from an ...
    • O'Connor, Erin O'Hara, 1965-; Yarn, Douglas H. (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 ...
    • O'Connor, Erin O'Hara, 1965- (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 ...