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Full-Text Articles in Law

Commercial Transactions And Consumer Protection, James R. Mccall Nov 2010

Commercial Transactions And Consumer Protection, James R. Mccall

Cal Law Trends and Developments

Because the preceding edition of this publication did not contain an article on trends in commercial transactions or consumer protection in California, this article will discuss selected decisions and developments in those fields during the years 1968 and 1969. The principal focus of this article will be the significant decisions made during this period that interpret or relate to the principal statutes in the two fields: the California Commercial Code, the Rees-Levering Automobile Sales Finance Act, and the Unruh Retail Installment Sales Act. These legislative enactments establish a comprehensive statutory pattern for regulation of all aspects of commercial law in …


Commercial Transactions, Neil M. Levy Oct 2010

Commercial Transactions, Neil M. Levy

Cal Law Trends and Developments

The emphasis of this article reflects the degree to which commercial law today is statutory. Particularly in California, where the Uniform Commercial Code has only been in effect since January 1, 1965, few cases construing that statute reached the appellate courts during the year 1967. However, the state legislature in 1967 amended 25 sections of the California Commercial Code. Although these amendments cover a wide range of substantive problems, they can be viewed in the light of the policy of the code as enunciated in section 1102(2)(c), "[t]o make uniform the law among the various jurisdictions." In addition, one group …


Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg Sep 2010

Just Another Kid With A Gun? United States V. Michael R.: Reviewing The Youth Handgun Safety Act Under The United States V. Lopez Commerce Clause Analysis, Steven Rosenberg

Golden Gate University Law Review

The Lopez decision prompted many defendants, charged under a wide variety of federal statutes, to attack those statutes as unconstitutional under the new "commercial activity" test. The United States Court of Appeals for the Ninth Circuit addressed one such challenge in United States v. Michael R. Section II of this note discusses Michael R.'s facts and procedural history. Section III outlines the history of Commerce Clause jurisprudence, with an emphasis on the recent change in the Supreme Court's review of Congress' use of the commerce power under Lopez. In addition, Section III details the legislative history of the Youth Handgun …


Commercial Law - Interpreting The Uniform Commercial Code: Methodologies Used, Misused And Unused, Howard Foss Sep 2010

Commercial Law - Interpreting The Uniform Commercial Code: Methodologies Used, Misused And Unused, Howard Foss

Golden Gate University Law Review

No abstract provided.


Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake Aug 2010

Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake

Annual Survey of International & Comparative Law

Dispute settlement is an important area in international contract and trade. Settlement either by litigation in court or by alternative dispute resolution (ADR) is contemplated by contractual parties in international transactions. Each system presents its own problems. Effective litigation requires a judge to be an impartial, legal expert; however, is that always true, especially in the international context? A party litigating in another country is often concerned about whether he can achieve a fair judgment there. Decisions can sometimes be based on patriotic or parochial grounds, and even if a party receives a fair judgment, will he be able to …


The Resolution Of Transnational Commercial Disputes: A Perspective From North America, George W. Coombe Jr. Aug 2010

The Resolution Of Transnational Commercial Disputes: A Perspective From North America, George W. Coombe Jr.

Annual Survey of International & Comparative Law

The author delivered these remarks on March 20, 1998 at Golden Gate University School of Law at the Seventh Regional Meeting of the American Society of International Law, held in conjunction with the Eighth Annual Fulbright Symposium on International Legal Problems.


Transfer Pricing Solutions In The Global Economy, Sandra Reid Robertson Aug 2010

Transfer Pricing Solutions In The Global Economy, Sandra Reid Robertson

Annual Survey of International & Comparative Law

This paper will provide a brief history of the problems which transfer pricing issues have caused for both international companies and taxing jurisdictions. It will also examine efforts by the United States tax system to remedy this two-sided problem. The United States has primarily attempted to deal with the problem from its fiscal perspective, the underpayment of United States income tax by foreign companies through transfer pricing abuse. The double taxation problem for taxpayers has an effective, albeit cumbersome, solution in the competent authority process. However, the very fact that double taxation problems still exist, suggests the need for more …


Commercial Transactions, Daniel Mcloughlin Aug 2010

Commercial Transactions, Daniel Mcloughlin

Golden Gate University Law Review

No abstract provided.