Conflict of Laws -- Textbook | Joseph William Singer | August 07, 2013

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Conflict of Laws -- Textbook

by Joseph William Singer Show/Hide
        1. 2.3.2.2 Show/Hide More § 2.3.2.2 Uniform Commercial Code
          Original Creator: Joseph William Singer
          The Uniform Commercial Code governs many aspects of commercial law including the sale of goods. Section 1-105 contains a choice-of-law-provision applicable to agreements not regulated by specific provisions of the UCC. That section was superseded by §1-301 in 2001 when the Uniform Law Commission decided to modernize the choice-of-law rules governing contracts for the sale of goods. However, the substance of §1-301 was rejected by almost every jurisdiction. Most states simply kept the language of §1-105 but renumbered it as §1-301. Some states objected to allowing the parties to choose the law of a state that had no reasonable relation to the parties or their agreement. Other states objected to the provisions giving greater protection to consumers and limiting the ability of companies to opt out of state laws designed to protect consumers. In light of its almost uniform rejection, the Uniform Law Commission amended §1-301 in 2008 to go back to wording similar to the original §1-105. See Jack M. Graves, Party Autonomy in Choice of Commercial Law: The Failure of Revised U.C.C. §1-301 and a Proposal for Broader Reform, 36 Seton Hall L. Rev. 59 (2005).
          1. 2.3.2.2.1 UCC 1-105
          1. 3.3.1.2.2 Show/Hide More Nez v. Forney
            Original Creator: Joseph William Singer
      1. 4.1.2 Show/Hide More §4.1.2 Adoption
        Original Creator: Joseph William Singer
        §4.1.2 Adoption
  1. 7 Show/Hide More Problem 1. Sale of Firecrackers & Personal Injury: Personal Jurisdiction & Tort Choice of Law
    Original Creator: Joseph William Singer
    Problem 1. Sale of Firecrackers & Personal Injury: Personal Jurisdiction & Tort Choice of Law
  2. 8 Show/Hide More Problem 2. Air Crash Disasters: Punitive Damages in Mass Torts & Insurance against Punitive Damages Awards
    Original Creator: Joseph William Singer
    Problem 2. Air Crash Disasters: Punitive Damages in Mass Torts & Insurance against Punitive Damages Awards
    1. 8.15 Show/Hide More Restatement (Second) of Conflict of Laws §193 (1971)
      § 193. Contracts Of Fire, Surety Or Casualty Insurance
  3. 9 Show/Hide More Problem 3: Work Injuries—The Contract Specifications Defense to Products Liability Claims, and Indemnification from the Employer Arguably Immunized by Worker Compensation Law
    Original Creator: Joseph William Singer
    Problem 3: Work Injuries—The Contract Specifications Defense to Products Liability Claims, and Indemnification from the Employer Arguably Immunized by Worker Compensation Law
  4. 10 Show/Hide More Problem 4: Statute of Limitations for Asbestos Cases—Exposure v. Discovery Rules & Borrowing Statutes
    Original Creator: Joseph William Singer
    Problem 4: Statute of Limitations for Asbestos Cases—Exposure v. Discovery Rules & Borrowing Statutes
  5. 12 Show/Hide More Problem 6: Choice-of-Law for Publicity Rights & Measure of Damages
    Original Creator: Joseph William Singer
    Problem 6: Choice-of-Law for Publicity Rights & Measure of Damages
  6. 13 Show/Hide More Problem 7: Antenuptial Agreements—Choice-of-Forum Clauses and Choice-of-Law Clauses
    Original Creator: Joseph William Singer
    Problem 7: Antenuptial Agreements—Choice-of-Forum Clauses and Choice-of-Law Clauses
  7. 15 Show/Hide More Problem 9: Discrimination in Interstate Adoption
    Original Creator: Joseph William Singer
    Problem 9: Discrimination in Interstate Adoption
  8. 16 Show/Hide More Problem 10: Tribal Sovereignty—Tribal Jurisdiction Over Non-Members
    Original Creator: Joseph William Singer
    Problem 10: Tribal Sovereignty—Tribal Jurisdiction Over Non-Members
    1. 17.4 Show/Hide More Maeker v. Ross
      Original Creator: Joseph William Singer
      Maeker v. Ross
    2. 17.5 Show/Hide More In re Estate of Flood
      Original Creator: Joseph William Singer
      In re Estate of Flood
    3. 17.6 Show/Hide More Bernkrant v. Fowler
      Original Creator: Joseph William Singer
      Bernkrant v. Fowler
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August 27, 2015

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