Matthew Seligman on Private Choice of Law
In this episode, Matthew Seligman, a Visiting Assistant Professor of Law at Yeshiva University Benjamin N. Cardozo School of Law, discusses his draft article "Personalized Choice of Private Law." Seligman begins by explaining the tension between default rules and mandatory rules in contract theory and private law more generally, and how both can lead to sub-optimal outcomes. He observes consumers typically don't read form contracts and misunderstand contract doctrine. He reflects on existing proposals to encourage consumer choice and finds them wanting. And he argues that we should allow consumers to choose their legal rules, at least in some circumstances. Seligman is on Twitter at @Matt_Seligman.