Posted by David Bernstein:
The Law Market:
http://volokh.com/archives/archive_2009_03_08-2009_03_14.shtml#1236713171
I just received The Law Market, by lawprofs Erin O'Hara and Larry
Ribstein. [1]Here's a short description:
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.
I haven't read the book yet, but I did see Ribstein give a talk based
on the book at AEI. Based on that talk, and my high regard for the
authors' work, I'm sure the book will be fascinating.
References
1.
http://www.oup.com/us/catalog/general/subject/Law/ConflictofLaws/?view=usa&ci=9780195312898
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