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"Strengthening Federalism: The Uniform State Law Movement in the United States" - Bob Stein

When: 4:00 PM - 5:00 PM
Where: Room 25
More Info: The federal system of government established by the Constitution depends upon an appropriate balance of federal and state law. Under the Tenth Amendment to the Constitution, powers not delegated to the federal government and not prohibited by the Constitution to the States, are reserved to the States or to the people. In order for state law to be a viable alternative to federal law on issues as to which uniformity is desirable, it is essential that the state law be uniform from state to state.

Uniformity of state law was a challenge for the United States from its earliest days as a nation. To meet this challenge, in 1892 the states came together to form the Uniform Law Commission, a governmental organization to draft and support enactment of uniform state statutes on subjects as to which uniformity is desirable.

A major impetus to uniform state laws was the decision in Erie Railroad v. Tomkins that there is no federal common law. That decision led to the creation of uniform state statutory commercial law that is known as the Uniform Commercial Code that now governs virtually all commercial transactions in the country. Other major state statutory code areas include business entity statutes, such as the Uniform Partnership Act and the Uniform Limited Liability Company Act, and trust and estate statutes, such as the Uniform Probate Code.

The lecture will review the history of the development of these uniform state laws, and how these laws combine with federal laws to maintain and strengthen federalism in the United States.
Department: Dean's Office
Date: Wednesday, April 9, 2014


Julie Nelson