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  1.  3
    Access to Evidence in Private International Law.Alice Guerra, Daniel Pi & Francesco Parisi - 2022 - Theoretical Inquiries in Law 23 (1):77-96.
    This Article analyzes the interaction between the burden of proof and evidentiary discovery rules. Both sets of rules can affect incentives for prospective injurers to invest in evidence technology. This interaction becomes acutely important in the private international law setting, where jurisdictions are split on the question whether the burden of proof should be treated as a substantive or procedural matter. When a tort occurs in Europe, but the case is litigated in American courts, treating the burden of proof as (...)
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  2. The Unexpected Effects of Israeli Courts’ Approach to Dual-Listed Companies.Alon Klement - 2022 - Theoretical Inquiries in Law 23 (1):37-76.
    This Article studies the Israeli courts’ approach to choice of law in securities class actions against dual-listed companies, and its unexpected adverse effects on Israeli shareholders. Israeli courts apply American law to dual-listed companies, as an inducement for companies to list their shares for trade on the Tel Aviv stock exchange. However, one of the outcomes of this choice was to enable American attorneys to include Israeli-traded shares in American securities class actions. The Article claims that this outcome might undermine (...)
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  3. Whose Law is It Anyway? The Case of Matrimonial Property in Israel.Sharon Shakargy - 2022 - Theoretical Inquiries in Law 23 (1):165-190.
    It is often argued that courts avoid foreign laws because they prefer local law. It would make sense if they did—after all, foreign law can be hard to understand and complicated to employ, and it is also... foreign. Aiming to investigate this assumption through a qualitative analysis of all available cases on one question and comparing the findings with the approach towards local matrimonial property cases in Israel, this Article finds something rather different. At least as regards Israeli judges discussing (...)
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  4. The Puzzle and Persistence of Biglaw Clustering.Gregory H. Shill - 2022 - Theoretical Inquiries in Law 23 (1):191-218.
    Elite U.S.-based global law firms concentrate in the costliest districts of superstar cities, especially two neighborhoods in Manhattan. This pattern has persisted despite both the dispersal of Biglaw clients across less-dense, lower-cost U.S. geographies and the development of telework capacity. It suggests a puzzle: law is among the occupations most conducive to remote work, yet Biglaw prior to the coronavirus pandemic required in-person work in the priciest places—meaning it paid a premium on both of its biggest expenses, wages and real (...)
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  5.  1
    The Transformation of the Art Market: Law, Norms, and Institutions.Anja Shortland & Dan Klerman - 2022 - Theoretical Inquiries in Law 23 (1):219-242.
    Over the last three decades, the art market has undergone a remarkable transformation. Before the 1990s, artworks were sold with hardly any concern about whether they had been stolen or looted, whereas now any reputable gallery or auction house checks the “provenance” of any substantial work before sale. This transformation reflects interlocking changes in law, norms, and institutions. New York’s and more broadly the United States’ assertion of jurisdiction and application of U.S. substantive law has destabilized title to stolen and (...)
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  6. Recognition and Enforcement of Foreign Judgments in American Courts and the Limits of the Law Market Model.Michael E. Solimine - 2022 - Theoretical Inquiries in Law 23 (1):97-117.
    The law market model posits that the most appropriate resolution of choice-of-law disputes in private international law is to permit individuals to choose ex ante the law that applies to them. This is contrasted to the public law model where courts choose law based on the perceived interests of, or the parties’ connections with, the states or nations involved. The law market model envisions that consumer choice will lead to optimal competition among jurisdictions to supply the most efficient law. This (...)
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  7.  1
    Delaware’s Copycat: Can Delaware Corporate Law Be Emulated?Dov Solomon & Ido Baum - 2022 - Theoretical Inquiries in Law 23 (1):1-36.
    Delaware’s famous corporate law and its highly respected specialized Court of Chancery attract entrepreneurs from all over the world, who choose the small state as their locus of incorporation and litigation forum, and global investors who choose Delaware law as the law governing their corporate investments and mergers and acquisitions. Other jurisdictions vie with Delaware in regard to these choices. This interjurisdictional competition makes Delaware a significant global norm exporter in the field of corporate law because jurisdictions emulate some of (...)
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  8.  3
    Enforcement of Foreign Judgments, Systemic Calibration, and the Global Law Market.Christopher A. Whytock & Samuel P. Baumgartner - 2022 - Theoretical Inquiries in Law 23 (1):119-164.
    There are important reasons for states to recognize and enforce the judgments of other states’ courts. There are also reasons that may militate against recognition or enforcement of certain foreign judgments, making it appropriate to calibrate or “fine tune” the presumption favoring recognition and enforcement so it is not applied too broadly. Most calibration principles, such as the principle that a judgment from a court lacking jurisdiction should not be recognized, are case-specific. However, one calibration principle that is, to our (...)
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