“Woah! It's like Spotify but for academic articles.”

Instant Access to Thousands of Journals for just $40/month

Get 2 Weeks Free

Choice of law and the home-court advantage: evidence

Choice of law and the home-court advantage: evidence

Abstract

This paper tests three separate hypotheses about inherent biases in the application of modern choice of law rules: (1) Brilmayer's 1980 hypothesis that such rules camouflage 'pro-resident, pro-forum-law, pro-recovery' biases, (2) Borchers's 1992 hypothesis that courts do not consistently apply the principles of the choice of law rule they claim to be applying, and (3) an economic hypothesis, presented in the paper, that only a 'pro-forum-law' bias is unambiguously consistent with economic efficiency, simply because it conserves the resources of the court and bar in the forum state. I find relatively strong support for the 'pro-recovery' bias of courts, weaker support for 'pro-forum-law' bias, and reject the 'pro-resident' bias. If anything, states retaining the rigid choice of law rules are more likely to favor their residents. Moreover, I reject Borchers's claim that courts do not take the modern approaches seriously. Indeed, in general, they follow Borchers's own predictions.
Loading next page...
Problems Reading this Article? Report Issue Here
 
/lp/oxford-university-press/choice-of-law-and-the-home-court-advantage-evidence-kQgW0kJSXc

You're reading a free preview. Subscribe to read the entire article.

And millions more from thousands of peer-reviewed journals, for only $40/month.

Get 2 Weeks Free

To be the best researcher, you need access to the best research

  • With DeepDyve, you can stop worrying about how much articles cost, or if it's too much hassle to order — it's all at your fingertips. Your research is important and deserves the top content.
  • Read from thousands of the leading scholarly journals from Springer, Elsevier, Nature, IEEE, Wiley-Blackwell and more.
  • All the latest content is available, no embargo periods.

Stop missing out on the latest updates in your field

  • We’ll send you automatic email updates on the keywords and journals you tell us are most important to you.
  • There is a lot of content out there, so we help you sift through it and stay organized.