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Full-Text Articles in Law

Secured Transactions Under The Uniform Commercial Code, Robert S. Summers Dec 1962

Secured Transactions Under The Uniform Commercial Code, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey Dec 1962

Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey

Washington Law Review

No abstract provided.


The Bank-Depositor Relationship--A Comparison Of The Present Tennessee Law And The Uniform Commercial Code, John A. Spanogle Jr. Dec 1962

The Bank-Depositor Relationship--A Comparison Of The Present Tennessee Law And The Uniform Commercial Code, John A. Spanogle Jr.

Vanderbilt Law Review

The author examines the relationship of the bank and its deposit or under existing Tennessee law and then points out changes and modifications which would arise under the Uniform Commercial Code. Professor Spanogle notes that many of the problems discussed are not governed by statute in Tennessee and that the case law is unclear in certain areas. This is one of his reasons for recommending the adoption of the Uniform Commercial Code by the Tennessee legislature.


The Uniform Commercial Code--Secured Transactions And The West Virginia Landlord's Lien, Forest Jackson Bowman Dec 1962

The Uniform Commercial Code--Secured Transactions And The West Virginia Landlord's Lien, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.


Pricing Power And The Public Interest: A Study Based On Steel, By Gardiner C. Means, Vincent M. Nathan Oct 1962

Pricing Power And The Public Interest: A Study Based On Steel, By Gardiner C. Means, Vincent M. Nathan

Indiana Law Journal

No abstract provided.


Financing The Dealer's Inventory, Robert G. Lawson Oct 1962

Financing The Dealer's Inventory, Robert G. Lawson

Law Faculty Scholarly Articles

The principle objective of inventory financing is to provide the dealer with a line of credit to carry on his business. To achieve this objective, it is necessary that the dealer have power to sell the collateral, and to apply the proceeds to the purchase of other goods. Since a sale of the callateral by the dealer to a bona fide purchaser destroys the creditor's security interests in those goods, he obviously will not permit such disposition unless given protection in some other way. Therefore, to satisfy the demands of both the dealer and the financier, the security instrument must …


Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey Sep 1962

Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 1], Warren L. Shattuck, Lisle R. Guernsey

Washington Law Review

It is our hope that this discussion will serve a dual purpose: (1) provide a basis for evaluating the desirability of Article 5 and so aid in an over-all evaluation of the Uniform Commercial Code in this period of pre-enactment consideration of the Code's merits, and (2) provide a point of departure for Washington bankers and lawyers who become concerned with letter of credit problems after enactment of the Code. The first of these objectives seems better served if we undertake with each section a critique of its operation in light of the existing practice. This we have done.


Prorata Recovery By Shareholders On Corporate'cauises Of Action As A Means Of Achieving Corporate Justice, Edward J. Grenier, Jr. Sep 1962

Prorata Recovery By Shareholders On Corporate'cauises Of Action As A Means Of Achieving Corporate Justice, Edward J. Grenier, Jr.

Washington and Lee Law Review

No abstract provided.


Employment Discrimination And Interstate Carriers Jul 1962

Employment Discrimination And Interstate Carriers

Indiana Law Journal

No abstract provided.


Termination And Non-Renewal Of Franchises Under The Automobile Dealers Franchise Act Jul 1962

Termination And Non-Renewal Of Franchises Under The Automobile Dealers Franchise Act

Indiana Law Journal

No abstract provided.


Sales—Automobile Warranties, Daniel B. Ritter Jul 1962

Sales—Automobile Warranties, Daniel B. Ritter

Washington Law Review

A defective switch in a new automobile started a fire that destroyed the entire machine. Under the standard warranty given by all automobile manufacturers, the dealer's only obligation was to supply a new switch. By so deciding, Norway v. Root illustrated the worthlessness of the standard warranty. But the importance of the case lies in the Washington court's intimation that it might invalidate disclaimers of implied warranty in automobile sales were the issue squarely presented.


Bank-Customer Relations Under The Uniform Commercial Code, Henry D. Collins Jul 1962

Bank-Customer Relations Under The Uniform Commercial Code, Henry D. Collins

West Virginia Law Review

No abstract provided.


Negotiable Instruments Law Under The Uniform Commercial Code, William O. Morris Jul 1962

Negotiable Instruments Law Under The Uniform Commercial Code, William O. Morris

West Virginia Law Review

The use of commercial instruments in trade and business dates from antiquity. Wigmore has called attention to the use of a note payable to bearer dating approximately from 2100 B. C. It was not until the 15th and 16th centuries that the use of negotiable instruments became widespread and common. While bills and notes in trade were used before this period, their true importance and common use date from the establishment of the great banking institutions of the continent. The laws relating to negotiable instruments arise from three sources, the law merchant, the common law and the Negotiable Instruments Law …


Secured Credit In Personal Property Transactions: An Introduction To Article 9 Of The Uniform Commercial Code, Willard D. Lorensen Jul 1962

Secured Credit In Personal Property Transactions: An Introduction To Article 9 Of The Uniform Commercial Code, Willard D. Lorensen

West Virginia Law Review

Article 9 of the Uniform Commercial Code deals with the creation, perfection and enforcement of security interests in personal property, both, tangible and intangible. This paper generally outlines the provisions and ideas of article 9 and make some comparisons with existing West Virginia law. Article 9 is attached as an appendix to this paper to permit easy reference to specific sections of the article for more detailed information where the reader so desires. This paper is not intended to be an exhaustive treatment of article 9 but rather it is intended to be an introduction to and general explanation of …


Book Reviews, Law Review Staff Jun 1962

Book Reviews, Law Review Staff

Vanderbilt Law Review

Decision at Law

By David W. Peck.

New York: Dodd, Mead & Co.,1961. Pp. vii, 303.

==============================

Corporation Lawyer: Saint or Sinner? By Beryl Harold Levy.

Philadelphia and New York: Chilton Co., 1961. Pp. x, 175.

reviewer: Elliott E. Cheatham

================================

Criminal Psychology Edited by Richard W. Nice. New York: Philosophical Library, Inc., 1962. Pp. 284.

reviewer: J. Paschall Davis

=================================

Symposium on the Labor-Management Reporting and Disclosure Act of 1959 Edited by Ralph Slovenko. Baton Rouge: Claitor's Bookstore, 1961. Pp. xliv, 1237. $20.00.

reviewer: Robert N. Covington

==================================

Handling Accident Cases, Vol. 3

By Albert Averbach.

Rochester: The Lawyers …


The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown Jun 1962

The Uniform Commercial Code Bulk Sales Article Compared With West Virginia Law, Londo H. Brown

West Virginia Law Review

The gradual adoption of the various uniform laws by the states is beginning to have some effect on the system of "different laws in different states." Perhaps nowhere in the field of law is there greater need for uniform laws in the different states than in commercial law. The Uniform Commercial Code was designed to meet this need, and since 1954 our neighboring state, Pennsylvania, has served as a testing ground for that Code. This report deals with Article 6, Bulk Transfers, of the Uniform Commercial Code. That article, if adopted in West Virginia, would supplant our present Bulk Sales …


Letters Of Credit And The West Virginia Law, Stanley E. Dadisman Jun 1962

Letters Of Credit And The West Virginia Law, Stanley E. Dadisman

West Virginia Law Review

No abstract provided.


Federal Antitrust Law-Sherman Act-Resale Restrictions In Agreements Between Manufacturer And Distributors, S. Anthony Benton May 1962

Federal Antitrust Law-Sherman Act-Resale Restrictions In Agreements Between Manufacturer And Distributors, S. Anthony Benton

Michigan Law Review

Defendant, a manufacturer of heavy trucks, entered into agreements with its wholesale distributors and retail dealers whereby the distributors and dealers agreed to resell defendant's trucks at prices fixed by defendant. They also agreed to restrict their sales to customers located within the territories designated by defendant and to allow defendant to deal directly with all government accounts. The Justice Department, charging violation of sections I and 3 of the Sherman Act, brought a civil suit to enjoin defendant from continuing or renewing any of the aforementioned arrangements. On plaintiff's motion for summary judgment, held, motion granted. Vertical agreements …


Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse May 1962

Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse

Michigan Law Review

During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …


Federal Control Of Commercial Bank Mergers, Benjamin J. Klebaner Apr 1962

Federal Control Of Commercial Bank Mergers, Benjamin J. Klebaner

Indiana Law Journal

No abstract provided.


The Constitutional Status Of The Indiana Sunday Closing Law Apr 1962

The Constitutional Status Of The Indiana Sunday Closing Law

Indiana Law Journal

No abstract provided.


The Uniform Commercial Code Sales Article Compared With West Virginia Law (Conclusion), Willard D. Lorensen Apr 1962

The Uniform Commercial Code Sales Article Compared With West Virginia Law (Conclusion), Willard D. Lorensen

West Virginia Law Review

No abstract provided.


Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele Apr 1962

Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele

West Virginia Law Review

No abstract provided.


Should Oregon Adopt The Uniform Commercial Code Concept Of The "Floating Lien"?, Robert S. Summers Apr 1962

Should Oregon Adopt The Uniform Commercial Code Concept Of The "Floating Lien"?, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers Apr 1962

Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Lazy Lawyer's Guide To Secured Transactions Under The Code, Peter F. Coogan Apr 1962

The Lazy Lawyer's Guide To Secured Transactions Under The Code, Peter F. Coogan

Michigan Law Review

It is expected that few, if any, who can really qualify as "lazy lawyers" will read this paper. There is, however, an obvious need for a reasonably simple statement which a young Iawyer, for example, may find helpful in explaining article 9 of the Uniform Commercial Code to the partners in his firm, or a lender's lawyer may use in explaining the essentials of article 9 to a borrower's counsel who has only occasional contact with secured transactions-- or, in either case, vice versa.

If we could assume that our learner had absolutely no knowledge of article 9, we could …


A General Theory For Measuring Seller's Damages For Total Breach Of Contract, Robert J. Harris Mar 1962

A General Theory For Measuring Seller's Damages For Total Breach Of Contract, Robert J. Harris

Michigan Law Review

This article is concerned with the legal rules which should govern the process of valuing what plaintiff saved by exercising his power to stop further performance upon notice of defendant's serious breach. Where plaintiff is a "buyer" (whether he buys land, services, personality, or the temporary use of some kind of property), and he was to pay the price in dollars, few difficulties arise in valuing his saved performance. But if he was a "seller" of any of those commodities, valuation is hard. Thus our inquiry is chiefly concerned with cases in which plaintiff is a "seller," not a "buyer."


The Uniform Commercial Code Sales Article Compared With West Virginia Law Part Ii, Willard D. Lorensen Feb 1962

The Uniform Commercial Code Sales Article Compared With West Virginia Law Part Ii, Willard D. Lorensen

West Virginia Law Review

No abstract provided.


Expulsion Or Oppression Of Business Associates - "Squeeze-Outs" In Small Enterprises, By F. Hodge O'Neal And Jordan Derwin, Frederick T. Suss Jan 1962

Expulsion Or Oppression Of Business Associates - "Squeeze-Outs" In Small Enterprises, By F. Hodge O'Neal And Jordan Derwin, Frederick T. Suss

Indiana Law Journal

No abstract provided.


Trade Secrets, Customer Contracts And The Employer-Employee Relationship Jan 1962

Trade Secrets, Customer Contracts And The Employer-Employee Relationship

Indiana Law Journal

No abstract provided.