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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