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Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell
Freedom From Claims And Defenses: A Study In Judicial Activism Under The Uniform Commerical Code, Julian B. Mcdonnell
Scholarly Works
The suggestion that we might today learn something about the judicial process in such a staid area of private law may seem surprising. After all, has not the Federal Trade Commission "repealed" the holder in due course rule thus tossing negotiable instruments into the dust bin? Have not the remaining technical questions been answered by the "detail and rigid precision" of the Uniform Commercial Code so lamented by Professor Gilmore? Surely, the attentive observer of the role of the courts might conclude that there is nothing left for the judicial policy maker in the field of bills and notes. The …
Commercial, Charles D. Dunbar
The Public And Private Law Dimensions Of The Uffi Problem: Part I, David S. Cohen
The Public And Private Law Dimensions Of The Uffi Problem: Part I, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …