Law Commons^™

Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch

Vanderbilt Law Review

Within the past decade, professional organizations interested in making the law better suited to commercial transactions have begun to advocate the proposition that contracting parties should have almost unlimited power to choose the law to govern their relationship. The new choice-of-law framework resulting from these reform efforts will provide parties with an expanded menu of legal regimes from which to choose when drafting their contract and, in turn, will lead to a more frequent use of choice-of-law clauses. Indeed, some have even suggested that omitting such a clause may soon become malpractice for the commercial lawyer. Given both the trend …

Conflict Of Laws--1959 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There have been several developments during the year regarding jurisdiction over nonresidents.

In 1947 the legislature passed a statute requiring "any unincorporated association or organization, whether resident or nonresident," which was doing or desiring to do business in the state to appoint an agent for the service of process and providing that in case of failure to appoint the agent, service might be had on the Secretary of State.' The constitutionality of this act, as applied to foreign associations has since been upheld. A current amendment to the section has added the words "including non-resident partnerships" at the end of …