entity · derived
Jurisdictional competition
Derived node: assembled mechanically from the claims carrying jurisdictional-competition. A roster, not an adjudicated definition.
Every claim under this term
- 1998455-026 : Harmonization and coordination can facilitate experimentation and learning, but experimentation is most effective when several different approaches are tried simultaneously in different jurisdictions.
- 2029983-002 : The authors stipulate that Choice of Law Competition is a subcategory of jurisdictional competition in which jurisdictions compete on substantive legal rules to attract contracting parties ex ante, wi
- 2029983-003 : The authors stipulate that jurisdictions which take steps only to expand the jurisdiction of their courts as venues for litigation, rather than to attract transactions, engage in Forum Competition.
- 2029983-004 : Most Forum Competition turns on a jurisdiction's attractiveness to lawyers ex post: such jurisdictions ignore the preferences of transacting parties at the time of contracting and appeal only to the p
- 2029983-006 : Jurisdictional competition adapts legal rules to changed economic circumstances faster than harmonization does, because a single jurisdiction can change its rule unilaterally whereas harmonized regime
- 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.
- 2029983-011 : Jurisdictional competition in global securities litigation after Morrison will be bifurcated, because some jurisdictions recognize private rights of action while others do not, and some, including the
- 2029983-040 : Although many jurisdictions may protect investors less well than the United States, it is not at all certain that U.S. law does a better job of deterring securities fraud.
- 2273857-051 : Experimentation with different combinations of regulatory approaches is effective when several different approaches can be tried simultaneously in different jurisdictions.