Tempest in a teapot.  

The Federal Government is rarely held to state laws under diversity under 
the Erie Doctrine.  The probability of the Fed being held to NYS law is 
minimal to nil.
 
Second the Arbitration clause is permitted under the Administrative Dispute 
Resolution Act.  Under that act every Federal Govt entity was required to 
adopt a policy for ADR.  


On Thursday, May 29, 2014 11:31:36 PM UTC-4, rcg wrote:
>
> Hello;
>
> Developing web site for government using Clojure on back end- lawyers 
> reviewing EPL had objections. Would appreciate any advice on how to deal 
> with them.
>
> Again- web site, not distributing or modifying Clojure. I have no 
> expertise with Open Source Licenses or lawyer-ese jargon.
>
> These are the specific objections- do they even apply in the context of 
> web services?
>
> 1. "This Agreement is governed by the laws of the State of New York". Not 
> acceptable: The federal government cannot agree to be bound by state law.
>
> 2. "Each party waives its rights to a jury trial in any 
> resulting litigation". Not acceptable: Only DOJ can control litigation.
>
>
> THANKS!!
>

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