I used to be in a state institution with this problem.  I'll answer as though I
were still there.

James L Bates wrote:

> I want to thank those who responded to my question on choice of law
> provisions in your state.  For your convenience, I have copied my question
> to the listserve below:
>

> <<SNIP>>

>
> me.  I will compile a list of responses and post it to the RESADM-L.
>
> 1.  Your state:  _____Florida__________________
>
> 2.  Is your institution:  _XX__ public   ___ private
>
> 3.  Will your institution agree to a contract provision which requires
> interpretation of the agreement according to the laws of another
> state/country:  ___ yes  _XX__ no
>
> 4.  If the answer is no to question 2, is your refusal based on:  ___
> institutional policy  _XX__ state law

We did find a work-around, though.  The state law required that venue be
Florida and that the controlling laws be Florida laws.  So we could not accept
another's state laws in the contract terms.  But what if the contract terms
were silent on venue/governing laws?  We would be good to go!  The companies
didn't seem to mind the omission.  Our state Comptroller and institutional
legal types didn't seem to mind the omission.

It seems as though under UCC (I think), the governing laws apply to the state
in which the work was contracted.  That would be your state of Louisiana (in my
case, Florida).  There is apparently a lot of case law on this.  We made it a
matter of routine to get these clauses deleted whenever it became contentious.

>
> Jim
> ________________________________________
> James L. Bates
> Director, Office of Sponsored Programs
> 330 Thomas Boyd Hall
> Louisiana State University and A&M College
> Baton Rouge, Louisiana 70803
> Phone: (225)578-3386
> Fax: (225)578-5403
> e-mail: xxxxxx@lsu.edu
>
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