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Full-Text Articles in Law

Check Payment: Finality Under The Uniform Commercial Code, John P. Finan Aug 2015

Check Payment: Finality Under The Uniform Commercial Code, John P. Finan

Akron Law Review

May a Bank which pays a check by mistake recover the payment? The answer has traditionally depended upon the law of restitution as modified to fit the peculiar necessities of the law of bills and notes.' Such law determines whether payment may be recovered by balancing the equities between the parties. The leading case in this field is Price v. Neal, which holds that if the payor and the person paid are equally innocent, the law will not shift the loss from one innocent person to another. In Price the signature of the drawer was forged. Unlike the Negotiable Instruments …


Section 542(C) Of The Bankruptcy Reform Act Of 1978 And Section 4-303 Of The Ucc: A Less Than Perfect Fit?, John P. Finan Jul 2015

Section 542(C) Of The Bankruptcy Reform Act Of 1978 And Section 4-303 Of The Ucc: A Less Than Perfect Fit?, John P. Finan

Akron Law Review

The Uniform Commercial Code (UCC) 4-303 addresses two areas where the UCC and the Bankruptcy Code intersect. The first relates to the vulnerability of drawee banks that honor checks after their customer has taken bankruptcy (has filed a voluntary petition or is the defendant in an involuntary case); the second relates to the timing of transfers made by check under 547 of the Bankruptcy Code (the preference section). In both areas there is a less than perfect fit between the Bankruptcy Code and UCC 4-303. The first area poses problems for practitioners whose clients have received notice of bankruptcy in …


Shapero - Direct Mail Clarified, William C. Becker Jul 2015

Shapero - Direct Mail Clarified, William C. Becker

Akron Law Review

In June, 1988 the Supreme Court handed down a decision which the bar had eagerly awaited. Now, the evolving, slippery subject of lawyer advertising and solicitation has been clarified further. This article examines several cases involving attorney advertising and provides a general overview of acceptable and nonacceptable methods of advertising by direct mail.


From Bigelow To Shapero: Steps Along The Way In Attorney Advertising, Horace E. Johns Jul 2015

From Bigelow To Shapero: Steps Along The Way In Attorney Advertising, Horace E. Johns

Akron Law Review

In essence, the rationale for denying attorneys the right to advertise was to protect the public from overly-zealous attorneys who might be inclined to utilize unscrupulous methods to take advantage of unknowing clients.

Five reasons have been offered to support bans on advertising; (1) protection of consumers from misrepresentation concerning both price and the likelihood of successful litigation; (2) commercialization of the legal profession, resulting in neglect of clients; (3) prevention of overcharging and the securing of too many cases by attorneys to cover the costs of advertising; (4) protection of the bar's integrity; and (5) initiation of too many …


Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino Jul 2015

Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino

Akron Law Review

It is necessary first to establish whether current trade restrictions apply to all former constituent parts of the Soviet Union or only to Russia. Second, the American-Russian trade relationship resembles a minefield. Some of the most powerful trade restrictions remain firmly in place. Others have been defused. This article will attempt to provide some guidance through the minefield. Finally, attention will be given to pending legislation that affects trade with Russia. Hopefully, this analysis will provide some insight into: (1) the past U.S. trade with the former Soviet Union; (2) where the relationship is now; and (3) what direction it …


An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commerical Code Section 2-318 (Alternatives B & C), William L. Stallworth Jul 2015

An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commerical Code Section 2-318 (Alternatives B & C), William L. Stallworth

Akron Law Review

The purpose of this Article is to discuss case law developments under Uniform Commercial Code Section 2-318 Alternatives B3 and C.4. The Article will also propose a solution to various problems that arise under section 2-318 in the the law of defenses. In order to follow this discussion, one must understand the law of warranty claims and defenses under Article 2 of the Uniform Commercial Code (henceforth, the "Code" or the "UCC").