The Law Market

The Law Market

by Erin A. O'Hara
     
 

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ISBN-10: 0195312899

ISBN-13: 9780195312898

Pub. Date: 02/09/2009

Publisher: Oxford University Press, USA

Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada—all the while enjoying the California sunshine and potentially avoiding many

Overview

Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada—all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws.

In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations.

The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

Product Details

ISBN-13:
9780195312898
Publisher:
Oxford University Press, USA
Publication date:
02/09/2009
Edition description:
New Edition
Pages:
288
Product dimensions:
6.50(w) x 9.30(h) x 1.10(d)

Table of Contents

1. Introduction
2. Policy Arguments
3. Choice-of-Law Principles
4. The Creation of a Law Market
5. Arbitration and The Law Market
6. The Corporate Law Market
7. Consumer Contracts
8. Marriage and Other Social Issues
9. Property
10. A Federal Choice-of-Law Statute
11. Summary and Implications
Notes

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