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When individuals, businesses, or corporations are dissatisfied with an existing law, there are typically two ways it can be fixed: by rewriting the law via political mechanisms or simply physically relocating to a more favorable jurisdiction. Both can be costly and time-consuming. This book explores a new way of looking at law, not as something that can be changed only through cumbersome political and legislative processes or avoided by physical movement, but as something that can be shopped for in a market. To a significant extent this perspective on the law is already a reality. Wherever they may be located, corporations are free to choose in which state to incorporate (often Delaware) and online shoppers from one state or country who buy from a company located in another state or country usually agree to provisions that dictate the law governing the transaction from yet another state or country. Disconnecting the choice of law from the location of activities creates a market for law that allows the involved parties to choose which jurisdiction will apply to their relationship, contract, or dispute. The resulting law markets, Ribstein and O'Hara argue, can work to increase efficiency, create better laws, and ensure that laws in all jurisdictions serve the interests of those they govern.

This coverage, including the description of how to conduct a neuropsychological evaluation in patients with these disorders, is the most comprehensive currently available in the field. The book treats many of the hot topic issues in neuropsychology, such as the cortical-subcortical dementia distinction, depression versus dementia, malingering, and neuropsychological evaluation in patients with mild head injury.

When individuals, businesses, or corporations are dissatisfied with an existing law, there are typically two ways it can be fixed: by rewriting the law via political mechanisms or simply physically relocating to a more favorable jurisdiction. Both can be costly and time-consuming. This book explores a new way of looking at law, not as something that can be changed only through cumbersome political and legislative processes or avoided by physical movement, but as something that can be shopped for in a market. To a significant extent this perspective on the law is already a reality. Wherever they may be located, corporations are free to choose in which state to incorporate (often Delaware) and online shoppers from one state or country who buy from a company located in another state or country usually agree to provisions that dictate the law governing the transaction from yet another state or country. Disconnecting the choice of law from the location of activities creates a market for law that allows the involved parties to choose which jurisdiction will apply to their relationship, contract, or dispute. The resulting law markets, Ribstein and O'Hara argue, can work to increase efficiency, create better laws, and ensure that laws in all jurisdictions serve the interests of those they govern.

Volume I Acknowledgements Introduction Erin O'Hara PART I ECONOMIC AND EMPIRICAL ANALYSIS OF EXISTING APPROACHES A Theoretical Insights 1. William F. Baxter (1963), 'Choice of Law and the Federal System' 2. Larry Kramer (1991), 'On the Need for a Uniform Choice of Law Code' B Empirical Insights 3. Michael E. Solimine (2002), 'The Law and Economics of Conflict of Laws' 4. Patrick J. Borchers (1992), 'The Choice-of-Law Revolution: An Empirical Study' 5. Stuart E. Thiel (2000), 'Choice of Law and the Home-Court Advantage: Evidence' PART II PROPOSALS FOR MORE EFFICIENT CHOICE-OF-LAW SYSTEMS A Alternative Efficiency-based Approaches to Choice of Law 6. Larry Kramer (1990), 'Rethinking Choice of Law' 7. Erin A. O'Hara and Larry E. Ribstein (2000), 'From Politics to Efficiency in Choice of Law' 8. Andrew T. Guzman (2002), 'Choice of Law: New Foundations' 9. Erin Ann O'Hara (2002), 'Economics, Public Choice, and the Perennial Conflict of Laws' 10. Paul B. Stephan (2002), 'The Political Economy of Choice of Law' 11. Andrew T. Guzman (2002), 'Public Choice and International Regulatory Competition' B Choice of Law for Torts 12. Bruce L. Hay (1992), 'Conflicts of Law and State Competition in the Product Liability System' 13. Michael J. Whincop and Mary Keyes (1999), 'The Market Tort in Private International Law' 14. Michael Whincop and Mary Keyes (1998), 'Economic Analysis of Conflict of Laws in Torts Cases: Discrete and Relational Torts' Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I CHOICE OF LAW AND FORUM PROVISIONS A Choice-of-Law Clauses 1. Paul B. Stephan (2000), 'Choice of Law and its Consequences: Constitutions for International Transactions' 2. Michael J. Whincop and Mary E. Keyes (1998), 'Statutes' Domains in Private International Law: An Economic Theory of the Limits of Mandatory Rules' 3. Erin Ann O'Hara (2000), 'Opting Out of Regulation: A Public Choice Analysis of Contractual Choice of Law' 4. Larry E. Ribstein (2003), 'From Efficiency to Politics in Contractual Choice of Law' B Choice-of-Forum Provisions 5. Erin Ann O'Hara (2002), 'The Jurisprudence and Politics of Forum-Selection Clauses' PART II CHOICE OF LAW AND JURISDICTIONAL COMPETITON A Securities Regulation 6. Roberta Romano (1998), 'Empowering Investors: A Market Approach to Securities Regulation' B Bankruptcy Rules and Courts 7. Robert K. Rasmussen (2000), 'Resolving Transnational Insolvencies through Private Ordering' C Law Firm Rules of Ethics 8. Larry E. Ribstein (2001), 'Ethical Rules, Law Firm Structure and Choice of Law' D Same-Sex Marriage 9. F.H. Buckley and Larry E. Ribstein (2001), 'Calling a Truce in the Marriage Wars' E Asset-Protection Trusts 10. Stewart E. Sterk (2000), 'Asset Protection Trusts: Trust Law's Race to the Bottom?' PART III JUDGMENT RECOGNITION AND CHOICE OF LAW 11. Michael Whincop (1999), 'The Recognition Scene: Game Theoretic Issues in the Recognition of Foreign Judgments' Name Index.

In their book, The Law Market, Erin O'Hara and Larry Ribstein show that states increasingly act as hawkers of legal rules in a market for law where people and firms often can shop for those regimes that they find most desirable. This market helps deal with a world in which increasing mobility strains traditional notions that laws operate within geographic borders. The law market also helps to discipline interest group attempts to pass laws that impose costs on society. Moreover, lawmakers have powerful incentives to enforce parties' bargains regarding the applicable law in order to attract or retain mobile firms and residents. On the other hand, the law market threatens governments' ability to protect its citizens from harmful private conduct. The authors argue for an approach to enforcing choice-of-law contracts that can help maximize the beneficial effects of the law market while tempering its costs. Competition among lawmakers can be superior to sweeping federalization or harmonization of laws across states or nations. At the same time, this approach avoids the costs of subjecting firms and people to different laws in all of the places they travel and do business. The authors show how their insights and recommendations apply across a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. This book therefore provides a useful template for analyzing the role of law in an increasingly mobile world. It also points the way to preserving a role for states and other smaller jurisdictions against the onslaught of federal or global legislation.