Document Type
Article
Publication Title
Georgetown Law Journal
Publication Date
2002
Page Number
941
Disciplines
Law
Abstract
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 choice of law to draw two conclusions. First, public choice theory confounds our attempts to draw normative conclusions about efficient choice-of-law policies. Second, assuming that we can overcome these difficulties to ascertain the content of efficient choice-of-law policies, public choice theory exposes the practical difficulties of moving courts toward more efficient choice-of-law decisions. In short, the problem is both more difficult and more elusive than others, including Guzman, have presupposed.
Recommended Citation
Erin O'Connor,
Economics, Public Choice, and the Perennial Conflict of Laws, 90 Georgetown Law Journal. 941
(2002)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/614