Journal article
COMMERCIAL CALAMITIES: The Future of the Uniform Commercial Code Process in an Increasingly International World
Ohio State Law Journal, Vol.68, pp.349-1761
01 Jan 2007
Abstract
I. Introduction Almost fifty years have passed since the promulgation of a piece of legislation that swept the United States and gained virtually uniform enactment by states over the next ten years. 1 Despite initial questions about whether uniformity might best be achieved by federal enactment of the Uniform Commercial Code (UCC or Code), its widespread enactment on a state-by-state basis has made it the poster child for the uniform law process. 2 Nonetheless, over the intervening fifty years, the UCC has had to fend off attack after attack: criticism by academics and commentators who view the entire law revision process as a "private" law making process 3 that has been "captured" and does not produce rules "consonant with democratic values;" 4 attacks by Congress in the passage of legislation encroaching upon the domain of the UCC; 5 and attacks by those who oppose attempts to enact revisions to the UCC itself. 6 These attacks may simply be the natural impact of the passage of time and recognition of the importance of the Code or they may be rumblings of things to come. Central to these debates is the question of who is the appropriate decisionmaker when it comes to formulation, articulation, and enactment of the rules governing commercial transactions. That same question-who should be the decisionmaker-is beginning to surface in another, somewhat less visible area: the continuing evolution of international law and the norms governing commercial law. The domestic success of the Uniform Commercial Code as a unifying ...
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Details
- Title
- COMMERCIAL CALAMITIES: The Future of the Uniform Commercial Code Process in an Increasingly International World
- Creators
- Amelia H. Boss
- Publication Details
- Ohio State Law Journal, Vol.68, pp.349-1761
- Publisher
- Ohio State Law Journal Ohio State Law Journal
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020535061304721