Law Commons^™

Commercial Law, John M. Hewson Iii

Mercer Law Review

No abstract provided.

Damage Remedies For Tender Offerors - The Extent Of Appropriate Compensation, Randall J. Nye

Indiana Law Journal

No abstract provided.

New York State Unfair Competition Law: A Survey And Analysis, Vincent Cox, Bert Slonim

Buffalo Law Review

No abstract provided.

In Re Good Deal Supermarkets, Inc.: A Hasty Invalidation Of Ucc § 2-702(2) As A Statutory Lien Under § 67(C)(1)(A) Of The Bankruptcy Act

Washington and Lee Law Review

No abstract provided.

Indemnifying Corporate Officials For Williams Act Violations, Edward J. Hussey

Indiana Law Journal

No abstract provided.

Trademarks--Section 44(D) Of The Lanham Act--Use In Commerce By The Foreign Applicant As A Prerequisite To Securing A United States Trademark Registration--John Lecroy & Son, Inc. V. Langis Foods Ltd., Robert A. Johnson

BYU Law Review

No abstract provided.

Prohibiting Pyramid Sales Schemes: County, State And Federal Approaches To A Persistent Problem, Howard N. Solodky

Buffalo Law Review

No abstract provided.

The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review

Michigan Law Review

After a brief look at the functions of futures markets, the conditions that led to the enactment of the Commodity Futures Trading Commission Act, and the major provisions of the Act, this note will critically examine the information now available on the major issues left to the Commission to decide, point to additional information that would be useful in making judgments on these issues, and recommend solutions. It will then discuss two problems not considered in the 1974 legislation--export controls and margin oversight--suggesting areas for action by the Commission.

Tax Problems Associated With The Incorporation Of A Partnership: Revenue Ruling 70-239h, Peter Olsen

Vanderbilt Law Review

The publication of Revenue Ruling 70-239 creates concern with respect to the possible impact of the very broad language of the Ruling in areas not specifically covered. This concern relates to the availability of an ordinary loss deduction under section 1244; various personal holding company and "subchapter S" problems; the impact on section 357(c) and section 1239; the effect on basis computations and the control requirement of section 351; and holding period considerations under section 1223. This article will attempt to examine Revenue Ruling 70-239 with a view to (1) evaluating the accuracy of the conclusion that all three corporation …

Toward A Uniform Approach To Multilevel Distributorships, Donald Daniels

University of Michigan Journal of Law Reform

The phenomenal growth and eventual collapse of the enterprises of Glenn Wesley Turner and William Penn Patrick during the 1960's should have surprised no one. They were only a recent example of an old and recurrent merchandising scheme, a variant of the chain letter device. Such operations, commonly called pyramid sales schemes, can temporarily succeed where a credulous public, willing to believe that it can get rich quickly for a small monetary investment and little or no expenditure of effort, exists in a legal system lacking a coordinated program for the prevention of such machinations. Pyramid sales schemes have been …

Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio

University of Michigan Journal of Law Reform

This note will analyze the Michigan Motor Vehicle Service and Repair Act, examining the differences between it and prior Michigan and federal legislation. The new legislation will be compared with similar statutes in other states. Finally, the possible drawbacks of repair shop and mechanic certification programs will be discussed, and suggestions for improvements will be made.

The New York Truth In Travel Act, Lisa Kennedy

University of Michigan Journal of Law Reform

A New York couple arrange a vacation abroad through their travel agent. They expect a direct flight, deluxe, centrally located accommodations, and guided tours of local attractions. Once they have set out, they discover to their dismay that their flight makes several lengthy stops, their reservations are at a drab and uncomfortable hotel in an inconvenient location, and there are no reservations for the tours. This hypothetical situation is representative of instances of travel fraud, a frequent consumer grievance in what is acknowledged as the considerable volume of travel business being conducted in the United States. New York has attempted …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Some Aspects Of Quebec's Official Language Act, Yvonne W. Rosmarin

Syracuse Journal of International Law and Commerce

In July 1974, the legislature of Quebec passed an Official Language Act, declaring French to be the sole official language of the province. Although the majority of Quebec's population speaks French, there is a significant minority of English-speaking Canadians living in the province who will be affected. This Act, commonly known as Bill 22, will also affect businesses, particularly American corporations with subsidiaries operating in Quebec. Bill 22 has sparked a controversy in Canada with respect to both its constitutionality and the power of the Province of Quebec to pass such legislation.

Since no cases thus far have tested Bill …

Regulation Of Commercial Speech: Commercial Access To The Newspapers

Maryland Law Review

No abstract provided.

The Canada Business Corporations Act: Some Aspects Of Transnational Interest, Robert W.V. Dickerson, David L. Vaughan

Vanderbilt Journal of Transnational Law

With passage into law on March 24, 1975, of the Canada Business Corporations Act (CBCA) it is probably safe to say by way of provocative introduction that Canada has enacted the most modern corporation law in the English-speaking world. The Act is to be proclaimed in force at the end of December, 1975. Although the predecessor statute, the Canada Corporations Act, will remain in force, no new corporations may be incorporated under it.

The Role Of The Corn Products Doctrine In Foreign Exchange Transactions, Charles H. Manning

Vanderbilt Journal of Transnational Law

Exchange rate gain or loss may result from fluctuations of exchange rates or from formal governmental action such as revaluation and devaluation. In evaluating the significance of foreign exchange transactions and their tax consequences, the types of transactions that produce exchange rate gain or loss must be distinguished. The first type of transaction is currency speculation in which exchange rate gain or loss is the only profit or loss realized. The second type of transaction involves the purchase and sale of inventory in which the exchange rate gain or loss is ancillary to the monetary gain or loss realized on …

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger

Villanova Law Review

No abstract provided.

Two Arguments For An Empirical Foundation Of Natural-Law Norms: An Examination Of Johannes Messner's And Victor Kraft's Approaches, Alfred Verdross

Syracuse Journal of International Law and Commerce

The first question that confronts the doctrine of natural law is: how can social norms be ascertained from the Is of human nature? This question raises the preliminary problem as to whether there is a constant human nature at all, a secondary issue which has to be decided before the answer to the main question can be sought.

The European Community And The Recycling Of Petrodollars, Peter Herzog

Syracuse Journal of International Law and Commerce

The author discusses the ways and means how surplus funds from oil producing countries can be channeled into Western Europe.

The Codifying Conference As An Instrument Of International Law-Making: From The "Old" Law Of The Sea To The "New", Edward Mcwhinney

Syracuse Journal of International Law and Commerce

Discusses the Third United Nations Conference on the Law of the Sea, delving into the history of international sea law and the problems of implementing, negotiating, and managing these broad laws that include many disparate countries and actors who hold unequal power and have different interests at stake.

Introduction, Edward Mcwhinney

Syracuse Journal of International Law and Commerce

Introduces the following collection of essays in honor of Julius Stone, perhaps the greatest living exponent of the Anglo-Saxon School of Sociological Jurisprudence.

International Protection Of Computer Programs, Dale L. Carlson

Syracuse Journal of International Law and Commerce

This Comment is designed to acquaint the international lawyer with various considerations which underlie the obtaining of copyright and patent protection for computer programs. Both patent and copyright protection are considered in view of the statutory provisions of several technologically developed countries-the United States, Canada, the United Kingdom and the Soviet Union. In addition, the statutory provisions of the various countries are related to the particular ideologies of the administrative agencies which implement the patent and copyright laws within each jurisdiction.

Back Matter

Syracuse Journal of International Law and Commerce

Recent cases and book reviews.

The State As A Secular Phenomenon, Erhard Mock

Syracuse Journal of International Law and Commerce

In all his works Julius Stone has always put stress on the importance of historical reflection. Therefore, the author wishes to dedicate to Professor Stone this essay which deals from a Continental point of view with the historical background of one of the most fundamental principles of the modem state. This is the development of the secular character of the state. The essence of this. process (which predated the rise of the Continental democracies) is that the state as such is not to be identified with any religious or ideological position, thus guaranteeing the plurality of society.

A Synopsis Of Canadian Immigration Law, John Hucker

Syracuse Journal of International Law and Commerce

During the century which has elapsed since Confederation, a continuing feature of Canadian law has been the extensive use made of subordinate legislation and administrative powers to control the flow of immigrants. As well as being few and far between,3 successive Immigration Acts have included broad regulation-making authority, which has permitted the implemention and adjustment of governmental policy without the necessity of statutory amendment. To obtain a realistic picture of contemporary Canadian immigration law it is, therefore, necessary to examine a considerable array of regulations, whose practical significance frequently outweighs that of the legislation itself

The Petrodollar Energy Crisis: An Overview And Interpretation, Abbas Alnasrawi

Syracuse Journal of International Law and Commerce

Any meaningful analysis of the current petrodollar situation requires an understanding of the evolution of relationships between oil companies and the governments of the oil producing countries during the first half of this century, due to the great influence these relationships have had on the present situation. This paper hope to present an understanding of these dynamic players during the 20th century.

Following In Another's Footsteps: The Acquisition Of International Legal Standing By The Palestine Liberation Organization, Robert A. Fisher

Syracuse Journal of International Law and Commerce

The Palestine Liberation Organization (PLO) is a public body which has been accorded certain international legal standing. The purpose of this Comment is to chronicle the acquisition of that standing by reference to identifiable stages in a similar process undertaken by the Zionist Organization/Jewish Agency for Palestine. This kind of analysis should illustrate not only how international law bears upon Middle Eastern developments, but also how international practice of the last half century has allowed peoples such as the Jews and Palestinians to attain legal standing, as a vehicle for acquiring territorial sovereignty.

Bank Secrecy: The End Of An Era?, Milton Steven Blaut

Syracuse Journal of International Law and Commerce

Over the past decade legitimate businesses and organized crime have substantially increased their use of financial institutions in order to circumvent various U.S. laws. In 1969 the covert transfer of proceeds from narcotics trafficking, securities frauds, income tax evasion, S.E.E. margin violations and other illegal activities to secret foreign bank accounts constituted a significant portion of the U.S. balance of trade deficit. Congress responded to this problem by passing the Bank Secrecy Act of 1970 which has recently been upheld as constitutional by the Supreme Court, and is considering the United States-Switzerland Treaty on Mutual Assistance in Criminal Matters. This …