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Assignment 2. Contractual Choice of Regime

- Rome Convention art. 3
- Brussels I Regulation art. 23
- Revised UCC 1-301
- Restatement (2nd) of Conflicts 187
- Rome Convention
- Brussels Convention
- Brussels I Regulation, arts. 15-17, 23
- Federal Arbitration Act (9 U.S.C. sections 1 et seq.)
- EU Directive on Unfair Contract Terms
- Unfair Terms in Consumer Contracts Regulation (SI 1999/2083)
- Electronic Commerce Directive art. 5.

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  • Jack Goldsmith’s Against Cyberanarchy (1998): clear and lucid analysis of the jurisdiction issues

  • Allen Stein, The Unexceptional Problem of Jurisdiction in Cyberspace, 32 Int'l. Law. 1167 (1998): careful attempt to apply traditional jurisdictional principles to Internet-related disputes.

  • James Brown, Judgment Enforcement (2nd ed.): a useful overview of comity and procedures for domesticating judgments

  • The Restatement (Third) of Foreign Relations Law (1987), §§ 401-403, 421 and 431: an overview of the concepts of jurisdiction to prescribe, adjudicate and enforce

  • Michael Traynor, An Introductory Framework for Analyzing the Proposed Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters: U.S. and European Perspectives, 6 Ann. Surv. Int'l & Comp. L. 1 (2000): an overview on the draft Hague Convention on Jurisdiction and Judgment Enforcement

  • Walter M. Heiser, A Minimum Interests Approach to Personal Jurisdiction, 35 Wake Forest L. Rev. 915 (2000): an overview on the draft Hague Convention on Jurisdiction and Judgment Enforcement

  • Richman & Reynolds, Understanding Conflict of Laws: a good basic student aid

  • Mark Williams v. America On-Line, Inc. (Mass. Super. 2001): Rejecting AOL's reliance on its forum-selection clause

  • Johnson v. West Suburban Bank (3rd Cir. 2000): Upholding use of an arbitration clause to defeat a potential class action

  • Bowen v. First Family Financial Services (11th Cir. 2000): Upholding use of an arbitration clause to defeat a potential class action
Internet Corporation for Assigned Names and Numbers (ICANN)
Uniform Dispute Resolution Procedure (UDRP)