Authors

Erin O'Connor

Document Type

Article

Publication Title

Tulane Law Review

Publication Date

2008

Page Number

2147

Disciplines

Law

Abstract

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 choice-of-law rules that have eluded the United States. Also, decisions of the European Court of Justice that permit firms to adopt homecountry rules in some situationss eem to facilitatejuds&ctionalc hoice by pivate parties. This top-down ordering ofchoice-of-lawniles contrasts with the seemingly chaotic and decentalized system that pievails in the United States. However, decentralized Amencan-style federalism might have something to offer Europe because choice of law in the United States has sparked a type of law market that helps constamin inefficient state regulatory efforts. Viewed from the perspective of whilch system best fosters a market for law, both the United States and Europe have advantages that each could learn from the other.

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Law Commons

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