Law as a Product

The law sets a framework for market transactions and competition. However, in recent years, the law itself has become a commodity in many regions of the world and in various fields: especially corporate, bankruptcy and contract law, not to mention the settlement of disputes. Individuals and companies search for the most attractive rules of law and states compete for the favour of demanders through their offers.

Since legal competition has been the object of preliminary empirical explorations in the past years, the CAS research focus now aims to focus on its normative implications. How should one assess the fact that law can be "traded" on markets – just like any other good? Besides jurisprudence, various disciplines – such as economics, philosophy, political science and sociology – will apply different evaluation criteria and provide different answers to this question.

Spokesperson

  • Prof. Dr. Horst Eidenmüller
    (Faculty of Law, Civil Law, German, European, and International Corporate Law, LMU)

Working Group

  • Prof. Dr. Andreas Engert
    (Faculty of Law, Civil Law, Corporate Law, Economic Analysis, Universität Mannheim)
  • Dr. Lars Hornuf
    (Faculty of Economics, LMU and Institute for International Law, Munich)
  • Johanna Stark
    (Faculty of Law, LMU and Institute for International Law, Munich)

Visiting Fellows

Richard F. Broude

Previous Visiting Fellow

Prof. Robert D. Cooter, Ph.D.

Previous Visiting Fellow

Prof. Michael Klausner, J.D.

Previous Visiting Fellow

Prof. Alan Schwartz

Previous Visiting Fellow

Prof. Jay L. Westbrook, J.D.

Previous Visiting Fellow

Events

  • Lecture of Prof. Roberta Romano and Prof. Dr. Anne Peters – "Law as a Product"
    (Winter Semester 2010/11)
  • Lecture Series in Summer Semester 2011 – "Law as a Product"
    • 11 May 2011: "Regulatory Competition in Contract Law" – Stefan Vogenauer (Oxford), Volker Triebel (Hogan Lovells) and Oliver Vossius (Notariat Vossius und Engel)
    • 24. Mai 2011: "Regulatory Competition in Bankruptcy Law" – Jay Westbrook (University of Texas at Austin), Christoph Paulus (Humboldt-Universität zu Berlin), François-Xavier Lucas (Paris 1 Panthéon-Sorbonne) und Wolf-Georg Ringe (University of Oxford)
    • 6 July 2011: "Regulating European Capital Markets after the Crisis" – Luca Enriques (Bologna, Consob) and John Armour (Oxford)
    • 26 October 2011: "The Measure of Law and Economics" – Robert Cooter (UC Berkeley) and Hein Kötz (Max-Planck-Institut für Ausländisches und Internationales Privatrecht)
  • International Conference – "Regulatory Competition in Contract Law and Dispute Resolution"(Summer Semester 2011)
  • Designing Company Law Acts in Europe
    (Winter Semester 2011/12)
  • Lecture Series of Richard F. Broude in Summer Semester 2012 – "The Impairment of Contract in Chapter 11 of the U.S. Bankruptcy Code"
    • Part I (23 May 2012) – "The Rights and Remedies in Chapter 11 of Non-Debtor Parties to Executory Contracts"
    • Part II (31 May 2012) – "The Treatment of Secured Creditors during a Chapter 11 Case"
    • Part III (6 June 2012) – "Cramdown in a Chapter 11 Reorganization Plan"

  • Lecture Series of Alan Schwartz in Summer Semester 2012 – "Contracts: A Law and Economics Approach"
    • Part I (13 June 2012) – "Introduction and Remedies"
    • Part II (15 June 2012) – "Interpreting Contracts"
    • Part III (20 June 2012) – "Contract Imperialism: Contract Theory Approaches to Merger Agreements and Corporate Governance"

Publications

Horst Eidenmüller (Ed.): Regulatory Competition in Contract Law and Dispute Resolution, Munich 2013.