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More on Krauss's choice-of-law approach

Discussion of our coblogger's WSJ oped (and see also the earlier Cato work) at the Volokh Conspiracy led by Ilya Somin; I agree with Larry Ribstein's take, but take it a step farther: why constrain consumers and manufacturers to choosing amongst 51 product-liability regimes? Why not permit the two to agree upon their own crafted set of rules?

Relatedly, Beck & Herrmann discuss Kelly v. Ford, a Pennsylvania district court case where defense counsel succeeded in a clever, but perhaps short-sighted, choice-of-law gambit.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.