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The Non-Uniformity of Uniform Laws
Bruce H. Kobayashi George Mason University - School of Law Larry E. Ribstein University of Illinois College of Law October 5, 2007 U Illinois Law & Economics Research Paper No. LE07-030 CLEA 2008 Meetings Paper 2nd Annual Conference on Empirical Legal Studies Paper Abstract: We present theory and evidence evaluating the work of the National Conference of Commissioners on Uniform State Laws (NCCUSL). Based on an analysis of Uniform Limited Liability Company Acts (ULLCA) promulgated in 1994 and 2006, we show that NCCUSL not only failed to move state laws toward uniformity, but reduced state uniformity that can arise in the absence of NCCUSL. We also present an institutional explanation of NCCUSL's strategy based on the provisions and history of the 2006 ULLCA. We show that the very NCCUSL institutions that are designed to produce uniformity actually may tend to undermine it.
Keywords: LLC, Uniform Laws, Private Legislatures, NCCUSL JEL Classifications: K12, O34, D72 Working Paper SeriesDate posted: July 06, 2007 ; Last revised: March 08, 2009Suggested CitationContact Information
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