For this important collection, Professor O'Hara has selected some
cutting-edge previously-published work on the application of
economic analysis to the conflict of laws. This authoritative
two-volume set offers theoretical and empirical insights into
existing approaches to choice of law and the effects of conflicting
choice-of-law approaches on judicial decision-making. It
investigates several competing proposals for more efficient
choice-of-law systems, including a special section on torts.
Further topics include evaluations of contract clauses (including
choice-of-law and choice-of-forum provisions), and the effects of
party choice on jurisdictional competition by states to provide
more desirable laws, with examples relating to securities
regulation, bankruptcy rules, law firm rules of ethics, same-sex
marriage laws and asset protection trust law. A game theoretic
analysis of interstate judgment recognition is also included. These
two volumes will be an extremely useful resource for students and
for scholars wishing to contribute to the next generation of the
economics of conflict of laws.
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