August 29, 2007
Contracting Out of the UCC
Kudos to the Loyola of Los Angeles Law Review, for the massive and excellent recent symposium issue, Contracting Out of the Uniform Commercial Code. The volume, dedicated to well-known commercial lawyer Paul S. Turner, who died last year, has essays that reflect both nuts-and-bolts practical considerations and concerns about consumer protection in an opt-out world. The Review has all the papers on line here. You can get a good idea of what's in store from the Table of Contents:
William J. Woodward, Jr., Constraining Opt-Outs: Shielding Local Law and Those It Protects from Adhesive Choice of Law Clauses.
Charles L. Knapp, Opting Out or Copping Out? An Argument for Strict Scrutiny of Individual Contracts
Irma S. Russell, Got Wheels? Article 21, Standardized Rental Car Terms, Rational Inaction, and Unilateral Private Ordering
Christopher R. Drahozal, Is Arbitration Lawless?
Fred H. Miller, Writing Your Own Rules: Contracting Out of (and Into) The Uniform Commercial Code: Intrastate Choice of Law
Raymond T. Nimmer, An Essay on Article 2's Irrelevance to Licensing Agreements
Jean Braucher, Contracting Out of Article 2 Using a "License" Label: A Strategy That Should Not Work for Software Products
Meredith Jackson, Contracting Out of Article 9
James E. Byrne, Contracting Out of Revised UCC Article 5 (Letters of Credit).
Sarah Howard Jenkins, Contracting Out of Article 2: Minimizing the Obligation of Performance & Liability for Breach
Paul S. Turner, Contracting Out of the UCC: Variation by Agreement Under Articles 3, 4, and 4A
Christina L. Kunz, The Ethics of Invalid and "Iffy" Contract Clauses
Stephanie Heller, An Endangered Species: The Increasing Irrelevance of Article 4 of the UCC in Electronics-Based Payments Systems
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