Tulane Law Review
Publication Title (Abbreviation)
Tul. L. Rev.
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 home-country rules in some situations seem to facilitate jurisdictional choice by private parties. This top-down ordering of choice-of-law rules contrasts with the seemingly chaotic and decentralized system that prevails in the United States. However, decentralized American-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 constrain inefficient state regulatory efforts. Viewed from the perspective of which system best fosters a market for law, both the United States and Europe have advantages that each could learn from the other.
© 2008 Erin A. O'Hara & Larry E. Ribstein
Erin O'Hara O'Connor and Larry E. Ribstein,
Rules and Institutions in Developing a Law Market: Views from the United States and Europe, 82
Tul. L. Rev.
Available at: http://ir.law.fsu.edu/articles/373