LAW 936: Choosing Legal Regimes Seminar
The rapid growth of interstate and international travel and business dealings has made it more possible for people and businesses to choose the law that will govern their transactions and relationships. A corporation can choose its own internal affairs law by choosing the place that it will incorporate. It can also choose the law that governs many of its activities by entering into contracts with choice-of-forum and choice-of-law provisions. Lenders can relocate branch offices to circumvent usury laws. Internet vendors incorporate choice-of-law and forum provisions into their online boilerplate contract language. Companies that deal with consumers can use choice-of-forum provisions to attempt to eliminate the possibility of class action lawsuits against them. People can place their assets into trusts that would not be recognized in some jurisdictions. Same-sex partners can enter into marriages valid in some but not many U.S. jurisdictions. Native American Indian reservations are better able to attract outside businesses by committing to resolve any contractual disputes in non-reservation fora. Nations with undeveloped laws and unreliable court systems are able to attract investment activity into their countries with similar provisions. This seminar will explore the extent to which party choice-of-law and dispute resolution fora are desirable and the extent to which such choices should be limited. Enrollment limited. [3 credit hours]
