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- Second Restatement; Uniform Commercial Code; Legal Realism; Neil Cohen; practical construction; drafting; Article 2; Commercial certaintity; product liability; boilerplate contracts; consumer contracts; (2)
- Commercial Law; Securities Law; European Commission; E.C.; Securities and Exchange Commission; International Organization of Securities Commissions; IOSCO; International Institute for the Unification of Private Law; UNIDROIT; New York Stock Exchange; Sarbanes-Oxley Act of 2002; Daimler Benz AG; Securities Act; (1)
- Commercial Law; Traffic Law; Transportation; Transportation Planning; Uniform Commercial Code; UCC; Transactional Law; Traffic Planning; Business Transactions; Property; Credit; Analogy; Interstate Highway System (1)
- E-commerce; climate change; environmental laws; Clean Air Act; Solid Waste Disposal Act; carbon footprint; sustainable materials; single-use plastics; Break Free From Plastic Pollution Act; Cardboard Packaging; U.S. Environmental Agency; EPA; National Ambient Air Quality Standards; NAAQS; The Resource Conservation and Recovery; The Pollution Prevention Act; Electric Vehicles (1)
- Financial services; financial institutions; pornhub; Reputational Risk; Operation Choke Point; Office of the Comptroller of Currency; National Credit Union Administration; Federal Reserve; Federal Deposit Insurance Corporation; Office of the Comptroller of Currency; Section 230; Communications Decency Act; Fair Access to Financial Services; (1)
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- Internet; Pornography; Onlyfans; Sex work; banks (1)
- McMorris v. Carlos Lopez & Assocs; Circuit Split; data breach; second circuit; supreme court; social security; standing; injuries in fact; email; transunion; Whole Women’s Health (1)
- Trade Secret; Trade Secret Law; Formalities; Formality; Litigation; Reasonable Measures; Uniformity; Predictability; Congress; UTSA; DTSA; Russia; Copyright; Copyright Law; Federal; Secrecy; Misappropriation; Business; Protection; Confidential; Regime; Model (1)
- UCC; Uniform Commercial Code; Test; Material Breach; Restatement of Contracts; Unfair Discrimination; Bankruptcy Code; Debtor; Breach of the Peace; Debt; Equity; Lease; Security Interest; Bankruptcy; Factors; (1)
- Uniform Commercial Code; UCC; Security Rights; Mortgage; Real Estate; Credit; Chattel Mortgage; Secured Transactions; Security Devices; Personal Property; Conditional Sales Contract; Trust Receipt; Uniform Conditional Sales Act; National Conference of Commissioners on Uniform State Laws; NCCUSL; Uniform Chattel Mortgages Act; Uniform Trust Receipts Act; Unitary Security Interest (1)
- Uniform Law Commission; ULC; Wyoming; Legislation; Digital Assets; Lobbying; Uniform Laws; Uniform Commercial Code; UCC; American Law Institute; ALI; Emerging Technologies; Blockchain Technology; Cryptocurrency; Take-Free Rule; Choice of Law; Virtual Currency; Nebraska; Texas; Idaho; Utah (1)
- United Nations Commission on International Trade Law; UNCITRAL; Model Law on Secured Transactions; United Kingdom; Model Law; Transnational Law; Secured Transactions; Reform; International Law; Common Law; Movable Property Security Rights Act; Civil Law; Personal Property Security Act; Chattel Mortgage Law; Uniform Commercial Code; UCC; Security Rights (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, Edward J. Janger
Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, the pornography industry has been the target of countless attempts to delegitimize sex work, but it still endures as a legal industry. Nevertheless, financial service providers such as banks and third-party payment processors have circumvented providing the industry fair access to their services, under vague pretexts such as reputational risk. While porn is not the only marginalized industry affected by unfair treatment from financial service providers, it is among the most targeted. This note gives context to this issue and provides that access to the global marketplace should not be limited by financial institutions functioning as de facto legislators, …
Formulating Lists Of Factors: Lessons From The Good, The Bad, And The U.C.C., Stephen L. Sepinuck
Formulating Lists Of Factors: Lessons From The Good, The Bad, And The U.C.C., Stephen L. Sepinuck
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Reviving The Realist Restatements And The Common Law Codes: Neil Cohen And The Grand Style, Edward J. Janger
Reviving The Realist Restatements And The Common Law Codes: Neil Cohen And The Grand Style, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
The “Second” Restatements and the Uniform Commercial Code have shaped the sensibility of lawyers and law students for the last half century. Both projects were anti-formal at their core, articulating pragmatic principles to guide judicial decision making without necessarily determining the outcome. Recent jurisprudence interpreting the Restatements, as well as efforts to update both sets of instruments, have taken a formalist turn. As examples, this essay will consider judicial interpretations of § 402A of the Restatement (Second) of Torts where internet platforms like Amazon are involved. Then it will consider the tortured and recently concluded experience in connection with the …
Failed Efforts At Harmonization Of Securities Regulation, Roberta S. Karmel
Failed Efforts At Harmonization Of Securities Regulation, Roberta S. Karmel
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article is based on a speech made by Professor Karmel at the Brooklyn Journal of Corporate, Financial, & Commercial Law annual symposium in May 2022 titled “Commercial Law Harmonization: Past as Prologue,” analyzing the work done in the past half-century to balance commercial law. The symposium also celebrated the career of Neil B. Cohen of Brooklyn Law School for his teaching and participation in law reform efforts.
Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning
Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning
Brooklyn Journal of Corporate, Financial & Commercial Law
In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …
Flow Of Commerce, Flow Of Traffic, Carl S. Bjerre
Flow Of Commerce, Flow Of Traffic, Carl S. Bjerre
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel
The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer
The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge
Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge
Brooklyn Journal of Corporate, Financial & Commercial Law
For some time, circuit courts have been ostensibly divided over the power of plaintiffs to maintain claims for injuries sustained from data breaches based merely on an increased risk of injury. However, in McMorris v. Carlos Lopez & Assocs., LLC, 995 F.3d 295 (2d Cir. 2021), the Second Circuit denied the existence of the circuit split, instead contending that its three-factor balancing test for determining standing for risk of future injury in data breach cases could be reconciled with the positions of both clusters of circuits. The three factors are “(1) whether the plaintiffs’ data has been exposed as the …
The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho
The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho
Brooklyn Journal of Corporate, Financial & Commercial Law
E-commerce has many advantages for both consumers and sellers, but its process has taken a toll on the environment. In this Note, I discuss two integral aspects of the e-commerce process that contribute to climate change: (1) air pollution from delivery vehicles, and (2) the use of non-sustainable packaging. I will provide insight into the U.S. environmental laws currently in place that regulate greenhouse gas emissions and other contributors to climate change, such as the Clean Air Act and the Solid Waste Disposal Act, while highlighting how these laws are minimal at best. I argue that the U.S. government should …
Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner
Third Time’S The Charm: Remedying The Lack Of Uniformity And Predictability In Trade Secret Law, Matthew D. Kasner
Brooklyn Law Review
The current legal framework governing trade secrets in the United States lacks the uniformity and predictability necessary to protect businesses. As a result, trade secret litigation has been on the rise over the course of the last decade. Whilst remote work becomes more ubiquitous, even beyond the COVID-19 pandemic, litigation will continue to increase as businesses are forced to entrust confidential information with remote workers. This note examines the current US trade secret scheme, exposes the current framework’s deficiencies, and suggests a “trade secret formalities model” to make for a more organized and efficient doctrine of law. More specifically, this …