kaal:claim:2029983-007

Harmonization can fail on the merits: the harmonious rule may be the wrong rule for the problem it addresses, or it may become the wrong rule later as circumstances change.

Source quote, verbatim

"harmonious" rule may be the wrong rule for solving a particu- lar problem, or the rule could become wrong later based on changing circumstances.

From

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012), I.A. The Harmonization Alternative, p. 17
https://ssrn.com/abstract=2029983 · source PDF

Cite as

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012). SSRN: https://ssrn.com/abstract=2029983

Holds when

most acute in fast evolving areas such as financial regulation

Classification

failuresupport: arguedfailure: wrong-harmonious-rulefamily: harmonization-and-standardization-failureeconomicslaw-and-legal-systems

Verify

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