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40 Loy. L. A. L. Rev. I (2006-2007)

handle is hein.journals/lla40 and id is 1 raw text is: LOYOLAwvlw O F L O S A N G E L E S FALL 2006 VOLUME 40 NUMBER 1 TABLE OF CONTENTS SYMPOSIUM CONTRACTING OUT OF THE UNIFORM COMMERCIAL CODE INTRODUCTION by Sarah H oward Jenkins ................................................................... I CONSTRAINING OPT-OUTS: SHIELDING LOCAL LAW AND THOSE IT PROTECTS FROM ADHESIVE CHOICE OF LAW CLAUSES by William J. Woodward, Jr .................................................................. 9 In this Article, Professor Woodward examines how the use of choice of law clauses in adhesion contracts undercuts the diversity of state law governing contracts and conflict of laws. This, in turn, undermines the states' ability to experiment with their own values, a critical feature of our federalist system. The Article presents two ways for states to protect their laws. First, state judiciaries can place limits on choice of law clauses through the common law of contracts and conflict of laws. Second, state legislatures can draw upon examples in foreign arenas and enact legislation that shields their laws. Because these proposals do have limitations, federal lawmaking and the free market provide other possible alternatives.

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