Volume 40 Number 1 -- Fall 2006

SYMPOSIUM: CONTRACTING OUT OF THE UNIFORM COMMERCIAL CODE

Dedication

Table of Contents

+ INTRODUCTION by Sarah Howard Jenkins

+ CONSTRAINING OPT-OUTS: SHIELDING LOCAL LAW AND THOSE IT PROTECTS FROM ADHESIVE CHOICE OF LAW CLAUSES by William J. Woodward, Jr.

+ OPTING OUT OR COPPING OUT? AN ARGUMENT FOR STRICT SCRUTINY OF INDIVIDUAL CONTRACTS by Charles L. Knapp

+ GOT WHEELS?: ARTICLE 2A, STANDARDIZED RENTAL CAR TERMS, RATIONAL INACTION, AND UNILATERAL PRIVATE ORDERING by Irma S. Russell

+ IS ARBITRATION LAWLESS? by Christopher R. Drahozal

+ WRITING YOUR OWN RULES: CONTRACTING OUT OF (AND INTO) THE UNIFORM COMMERCIAL CODE; INTRASTATE CHOICE OF LAW by Fred H. Miller

+ AN ESSAY ON ARTICLE 2’S IRRELEVANCE TO LICENSING AGREEMENTS by Raymond T. Nimmer

+ CONTRACTING OUT OF ARTICLE 2 USING A “LICENSE” LABEL: A STRATEGY THAT SHOULD NOT WORK FOR SOFTWARE PRODUCTS by Jean Braucher

+ CONTRACTING OUT OF ARTICLE 9 by Meredith Jackson

+ CONTRACTING OUT OF REVISED UCC ARTICLE 5 (LETTERS OF CREDIT) by James E. Byrne

+ CONTRACTING OUT OF ARTICLE 2: MINIMIZING THE OBLIGATION OF PERFORMANCE & LIABILITY FOR BREACH by Sarah Howard Jenkins

+ CONTRACTING OUT OF THE UCC: VARIATION BY AGREEMENT UNDER ARTICLES 3, 4, AND 4A by Paul S. Turner

+ THE ETHICS OF INVALID AND “IFFY” CONTRACT CLAUSES by Christina L. Kunz

+ AN ENDANGERED SPECIES: THE INCREASING IRRELEVANCE OF ARTICLE 4 OF THE UCC IN AN ELECTRONICS-BASED PAYMENTS SYSTEM by Stephanie Heller