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May 8, 2007
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.
Posted by Ted Frank at 7:04 AM
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