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Now showing items 11-20 of 31
Customizing Employment Arbitration
(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 ...
Customizing Employment Arbitration
(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 ...
Preemption and Choice-of-Law Coordination
(Michigan Law Review, 2013)
The doctrine treating federal preemption of state law has been plagued by uncertainty and confusion. Part of the problem is that courts purport to interpret congressional intent when often Congress has never considered the ...
Hedonic Damages for Wrongful Death: Are Tortfeasors Getting Away with Murder?
(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 ...
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 ...
Arbitration Clauses in CEO( Employment Contracts: An Empirical and Theoretical Analysis
(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. ...
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 ...