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Full-Text Articles in Law

Emerging Technology's Unfamiliarity With Commercial Law, Carla L. Reyes Jan 2024

Emerging Technology's Unfamiliarity With Commercial Law, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Over the course of a three-year, collaborative process that was open to the public, the Uniform Law Commission (ULC) and the American Law Institute (ALI) undertook a project to revise the Uniform Commercial Code (UCC) to account for the impact of emerging technologies on commercial transactions. The amendments, approved jointly by the ULC and ALI in July 2022, touch on aspects of the entire UCC, but one change has inspired ire and attracted national media attention: a proposed revision to the definition of “money.” The 2022 UCC Amendments alter the definition of “money” to account for the introduction of central …


Conceptualizing Cryptolaw, Carla L. Reyes Jan 2017

Conceptualizing Cryptolaw, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Sweden transfers its real property recording system to the blockchain, a software protocol that enables public, cryptographically secure transaction verification without reliance upon a trusted third party. Dubai plans to issue blockchain-based government documents. The United States Department of Health and Human Services investigates blockchain-based systems for managing health data. Illinois explores blockchain-based applications for use in the Illinois government. News of governments and public-private partnerships developing blockchain-based legal applications increasingly splash across the headlines; however the law-makers using blockchain and other Distributed Ledger Technology (DLT) systems to implement legal processes do not systematically consider the broader implications of their …


An Historical Overview Of Ucc Article 9, Peter Winship Jan 2016

An Historical Overview Of Ucc Article 9, Peter Winship

Faculty Journal Articles and Book Chapters

This book chapter traces the history of Article 9 (Secured Transactions) of the U.S. Uniform Commercial Code. After setting out the pre-1940 legal setting in the United States for the use of movable property in secured transactions, the chapter studies three stages in the evolution of Article 9: (1) the drafting of the first “official” text (1947-1951), (2) the continuing revision of the text and its slow adoption by states (1952-1990), and (3) the thorough-going revision that lead to the present 1998 official text and subsequent minor amendments (1990-present). The chapter notes the growing complexity of the text and the …


Law And Development In West And Central Africa (Ohada), Peter Winship Jan 2015

Law And Development In West And Central Africa (Ohada), Peter Winship

Faculty Journal Articles and Book Chapters

This seminar paper considers whether OHADA - an experiment in unifying business law in African countries - has been a success. Following a prologue that explains the origins of the paper, the first part of the paper sets out basic information about the Organisation pour l’Harmonisation du Droit des Affaires en Afrique (“Organization for the Harmonization of Business Law in Africa,” known by the acronym OHADA). This part is followed by a review of law and development literature to assess the value of this literature for an evaluation of the success (or not) of OHADA. A third part then focuses …


International Commercial Transactions: 1998, Peter Winship Jan 1999

International Commercial Transactions: 1998, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.


International Commercial Transactions: 1997, Peter Winship Jan 1998

International Commercial Transactions: 1997, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.


International Commercial Transactions: 1996, Peter Winship Jan 1997

International Commercial Transactions: 1996, Peter Winship

Faculty Journal Articles and Book Chapters

The year 1996 was a quiet one in the world of international commercial law. The principal accomplishment was the adoption of a Model Law on Electronic Commerce, but progress was also made on several international secured transactions projects. The following survey focuses on these and other projects that touch on subject matter within the scope of the Uniform Commercial Code.' As in the past,2 the survey examines completed projects, pending projects, and proposed projects before the U.N. Commission on International Trade Law (UNCITRAL), the International Institute for the Unification of Private Law (UNIDROIT), and the Organization of American States (OAS).3 …


As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship Jan 1996

As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship

Faculty Journal Articles and Book Chapters

Problems of commercial law are apt to be similar or at least comparable in all commercial countries, so that in this field, perhaps more than in any other, foreign experience is likely to be instructive. As was said by a leading English scholar, "The value of comparative investigation of commercial law is so obvious as to make it unnecessary to labour the point."


Article Two Warranty Disputes In The Seventh Circuit: Advantage Seller Or Disadvantage Court, C. Paul Rogers Iii., Lee Elizabeth Michaels Jan 1989

Article Two Warranty Disputes In The Seventh Circuit: Advantage Seller Or Disadvantage Court, C. Paul Rogers Iii., Lee Elizabeth Michaels

Faculty Journal Articles and Book Chapters

No abstract provided.