With respect to the article ” Battle Over UCITA Heats Up As Both Sides Claim Support,”you do understand that the argument made by the pro-Uniform Computer Information Transactions Act (UCITA) folk that the state legislature can always clean things up later has a disingenuous component, don’t you?

The U.S. Constitution forbids states from impairing contracts. Any contract entered into as a result of UCITA is therefore insulated from subsequent state “fixes” to a very substantial degree. Of course the “fix” can and would be forward-looking, but past contracts would only be subject to congressional action (which can impair contracts, but may in some cases be a taking).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]