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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
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

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The Manhattan Insitute's Center for Legal Policy.