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The Law Market

The Law Market
Author: Erin A. O'Hara
Publisher: Oxford University Press
Total Pages: 289
Release: 2009-02-09
Genre: Law
ISBN: 0199718482

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Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. 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. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.


Foreign Court Judgments and the United States Legal System

Foreign Court Judgments and the United States Legal System
Author: Paul B. Stephan
Publisher: Martinus Nijhoff Publishers
Total Pages: 196
Release: 2014-07-03
Genre: Law
ISBN: 9004278923

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Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system. Divided into two Parts entitled Existing Doctrine and the Fourth Restatement, and Statutory Reform of the Law of Recognition and Enforcement, the volume collects a diverse range of topics, including a defense of territorial sovereignty, a consideration of its undergirding doctrine of refusal to recognize or enforce foreign penal and revenue judgments, and an examination of the role of the Supreme Court as the ultimate expositor and interpreter of a federal statute, among many others. Foreign Court Judgments and the United States Legal System offers a nuanced and thorough collection of analyses from experts in the field regarding a multifarious and often contentious aspect of international law.


Concept, Legal Nature and Law Applicable to Recognition and Enforcement of Foreign Judgments

Concept, Legal Nature and Law Applicable to Recognition and Enforcement of Foreign Judgments
Author: Aleksandra Kasatkina
Publisher:
Total Pages: 35
Release: 2016
Genre:
ISBN:

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The difficulties of enforcing foreign judgments in different countries are well-known and present an important concern for foreign companies and investors doing business on the territory of another country. The establishment of a new level of relationship among countries all over the world including the development of economic (commercial) and cultural liaisons can be considered as one of the priorities of foreign policy. This paper analyzes the current legislation of different countries, judicial decisions on recognition and enforcement of foreign judgments as well as writings of scholars on the existing obstacles and problems. Today, legal disputes involve aspects of private international law to a greater extent than ever. It has become a matter of great importance that the delays involved to enforce a judgment rendered abroad shall not be greater than those expected in purely domestic litigation. The idea is gaining ground that one who seeks justice shall not be denied an effective remedy merely because their adversary's property or the adversary them self are out of the jurisdiction of the adjudicating court. Much thought has been given to this problem of recognition and enforcement of foreign judgments by the legislature of the Russian Federation, the United States of America and the European Union, and this paper uses the law of each as a case study.


Private International Law in Commonwealth Africa

Private International Law in Commonwealth Africa
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
Total Pages: 559
Release: 2013-09-12
Genre: Law
ISBN: 0521199697

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A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.