Papers Published from the Duke Symposium on the European Choice of Law Revolution


The papers presented at the Duke University School of Law Symposium on ‘The New European Choice of Law Revolution: Lessons for the United States?‘ have now been published in the Tulane Law Review (Vol. 82, No. 5, May 2008). Here’s the table of contents:

  • Ralf Michaels, Introduction – The New European Choice-of-Law Revolution (available on SSRN);
  • Patrick J. Borchers, Categorical Exceptions to Party Autonomy in Private International Law (available on SSRN);
  • Jan von Hein, Something Old and Something Borrowed, but Nothing New? Rome II and the European Choice-Of-Law Evolution;
  • Dennis Solomon, The Private International Law Of Contracts In Europe: Advances And Retreats;
  • Symeon C. Symeonides, The American Revolution and the European Evolution in Choice of Law: Reciprocal Lessons (available on SSRN: see our dedicated post here);
  • Larry Catá Backer, The Private Law of Public Law: Public Authorities as Shareholders, Golden Shares, Sovereign Wealth Funds, and the Public Law Element in Private Choice of Law (available on SSRN);
  • Jens Dammann, Adjudicative Jurisdiction and the Market for Corporate Charters;
  • Onnig H. Dombalagian, Choice Of Law and Capital Markets Regulation (available on SSRN);
  • Katharina Boele-Woelki, The Legal Recognition of Same-Sex Relationships within the European Union;
  • Horatia Muir Watt, European Federalism and the “New Unilateralism”;
  • Linda J. Silberman, Rethinking Rules of Conflict of Laws in Marriage and Divorce in the United States: What Can We Learn from Europe?;
  • Richard Fentiman, Choice of Law in Europe: Uniformity and Integration;
  • William A. Reppy, Jr., Eclecticism in Methods for Resolving Tort and Contract Conflict Of Laws: the United States and the European Union;
  • Jürgen Basedow, Federal Choice of Law in Europe and the United States – A Comparative Account of Interstate Conflicts;
  • Erin Ann O’Hara – Larry E. Ribstein, Rules and Institutions in Developing a Law Market: Views from the United States and Europe (available on SSRN);
  • William M. Richman, A New Breed of Smart Empirically Derived Conflicts Rules: Better Law Than “Better Law” in the Post-Tort Reform Era: Reviewing Symeon C. Symeonides, The American Choice-Of-Law Revolution: Past, Present And Future (2006).

Information on subscribing to the Tulane Law Review can be found here.

For those who could not attend the event, the webcast of the conference is available for viewing on the Duke University’s website, in five parts (RealMedia format):

  1. Welcome and Opening Remarks (Dean David F. Levi, Ralf Michaels, and Haller Jackson) and Panel 1: Contract and Tort Law. Moderated by Paul Haagen. Panelists include Jan von Hein, Symeon Symeonides, Dennis Solomon, and Patrick Borchers.
  2. Panel 2: Corporate Law. Moderated by Jim Cox. Panelists include Larry Cata Backer, Jens Dammann, and Onnig Dombalagian.
  3. Panel 3: Family Law. Moderated by Kathy Bradley. Panelists include Marta Pertegas, Katharina Boele-Woelki, and Linda Silberman.
  4. Panel 4: Methods and Approaches. Panelists include Richard Fentiman, Ralf Michaels, and William Reppy, Jr.
  5. Panel 5: Internal and External Conflicts, Federalism, and Market Regulation. Panelists include Jürgen Basedow, Mathias W. Reimann, Erin O’Hara, and Larry Ribstein.

(Many thanks to Martin George.)