Law Commons^™

El Derecho Como Jurisprudencia, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.

Counterspeech As An Alternative To Prohibition: Proposed Federal Regulation Of Tobacco Promotion In American Motorsport, David A. Locke

Indiana Law Journal

No abstract provided.

Extraterritorial Application Of Title Vii: The Foreign Compulsion Defense And Principles Of International Comity, Mary C. St. John

Vanderbilt Journal of Transnational Law

With an increasing number of United States corporations locating and affiliating overseas and United States citizens seeking employment with multinational corporations, the debate over the extraterritorial application of United States discrimination laws has attracted greater international attention. The 1991 amendment to Title VI1 of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of race, religion, sex, or national origin, specifically provides for extraterritorial application of Title Vii. The foreign compulsion defense, however, limits the scope of Title VII's application abroad and raises the issue of whether U.S. corporations can claim this defense when foreign …

Equal Protection: Mackston V. State Of New York

Touro Law Review

No abstract provided.

Debt, Accelerated Depreciation, And The Tale Of A Teakettle: Tax Shelter Abuse Reconsidered, Theodore S. Sims

Faculty Scholarship

For more than thirty years a consuming preoccupation of the income tax has been the control of "tax sheltered" investments. Of most widespread concern have been acquisitions, financed by debt, of assets that enjoy some sort of "tax-preferred" treatment, most commonly some advantageous form of depreciation. Tax-favored treatment has been conferred on many productive assets through deliberate congressional action. Nevertheless, debt-financed acquisitions of those very same assets have been regarded as exploiting the available tax benefits in ways that seemed "abusive" and have widely been regarded as "bad." This perplexing, fundamentally self-contradictory state of affairs has levied constant demands on …

Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

City Of Cincinnati V. Discovery Network, Inc.: Towards Heightened Scrutiny For Truthful Commercial Speech?, Robert T. Cahill Jr.

University of Richmond Law Review

Only recently' has the Supreme Court given First Amendment protection to commercial speech. Initially, the Court refused to extend constitutional protection to commercial utterances. In Valentine v. Chrestensen, the Court, without citing any precedent, held that "we are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." However, soon after the Chrestensen decision, in the wake of post-war economic development, the Court began to express doubt about its validity. This doubt eventually culminated in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council.

How Much Satisfaction Should You Expect From An Accord? The U.C.C. Section 3-311 Approach, Michael D. Floyd

Loyola University Chicago Law Journal

No abstract provided.

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

Otc Derivatives & Systemic Risk: Innovative Finance Or The Dance Into The Abyss?, Adam P. Waldman

American University Law Review

No abstract provided.

A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme

Publications

No abstract provided.

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …

Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White

Articles

For Professors Harris and Mooney the time has come to distinguish between work and play. Debating whether security is efficient is play. Revising Article 9 is work. Even Professor Schwartz does not argue for the abolition of Article 9; he merely reiterates the "puzzle" of secured credit and argues in his playful fashion that security might not be efficient.' Were it not for the fact that this debate might give us some insights about certain priority rules (such as those having to do with purchase money), it would be pure intellectual masturbation, a game with no purpose other than to …

Decoupling Sales Law From The Acceptance-Rejection Fulcrum, Jody S. Kraus

Faculty Scholarship

The determination of whether the buyer has accepted or rejected goods provides the sales law solution to the problems of allocating burden of proof, assigning duties to salvage goods in failed transactions, and reducing systematic undercompensation. But one doctrine is unlikely to provide the best solution to each of these distinct problems. Decoupling the rules addressing burden of proof, salvage, and undercompensation from the doctrines of acceptance and rejection, and thus from one another, would significantly improve sales law.

This strategy has a distinguished precedent in the history of sales law. Karl Llewellyn based his objection to the doctrine of …

The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White

Other Publications

Article 2, Sales is being revised by a Drafting Committee of the National Conference of Commissioners on Uniform State Laws. To date, the Drafting Committee has held eight meetings and two more are scheduled for early 1995 . The first reading of revised Article 2 occurred at the annual meeting of NCCUSL in August, 1994. A target completion date for the Article 2 project is August, 1996 .

The Effect Of Section 1-102(3) And 1-103 On Commercial Agreements Involving Ucc Tansactions: Should They Be Revised?, James J. White

Other Publications

Power to Modify Article 5 Obligations Under 1-102(3) and 1-203. see Sections 5-103(c) and 5-116(c) of Revised Article 5.

Persons speaking for issuing banks argued strongly in the Article 5 revision process that complete freedom of contract should prevail and that no provision should be made invariable . They argued successfully for the removal in current Section 5-109 of references to due care and they argued successfully against the inclusion of any similar obligation elsewhere in Article 5. Consequently Section 1-102(3) has no place to get a grip in Article 5--because no obligations of due care are expressed in the …

Proposed Revisions Concerning Products Liability Caveat Vendor, James J. White

Other Publications

Both industrial sellers and consumer sellers should look at proposals for revision of the sections relating to warranty liability in Article 2. Particularly important are the sections on warranty, express and implied, on third-party liability, disclaimers and limitation of remedy, notice, and statute of limitations. Using current law as a baseline, revised Article 2 increases sellers' liability in at least half a dozen ways and decreases it in no significant way.

Article 5: Highlights Of The Proposed Revision, James J. White

Other Publications

I. The Current Status of Article 5: Drafting, Approval and Promulgation--The Most Significant Changes or Clarifications -- II. The Most Contentious Issues in the Revision of Article 5 -- III. More Subtle Questions About Revised Article 5

Behind The Article 8 Ball, James S. Rogers

James S. Rogers

No abstract provided.

A Potential Pitfall For The Unsuspecting Purchaser Of Repossessed Collateral: The Overlooked Interaction Between Sections 9-504(4) And 2-312(2) Of The Uniform Commercial Code, Robyn L. Meadows

Robyn L Meadows

No abstract provided.