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Articles 61 - 90 of 93
Full-Text Articles in Law
Uniform Commercial Code - Statute Of Limitations - U.C.C. Four-Year Statute Of Limitations Governs Actions For Personal Injuries Based On Breach On Warranty Under The U.C.C., Paula D. Shaffner
Villanova Law Review
No abstract provided.
Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg
Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg
Law Faculty Scholarly Articles
Money debts are frequently paid by checks and evidenced by notes subject to Article Three of the Uniform Commercial Code. Financial institutions and other creditors ordinarily take these instruments with the expectation that they will be paid on time without resort to litigation. This expectation fails when the debtor or some other obligor on the instrument claims that its signature was unauthorized or that there is a defense against payment. This Article analyzes the Uniform Commercial Code rules concerning burdens of proof that apply to these disputes and gives consideration to related procedural and evidentiary questions. It concludes with some …
Is The Gulf Of Taranto An Historic Bay?, Natalino Ronzitti
Is The Gulf Of Taranto An Historic Bay?, Natalino Ronzitti
Syracuse Journal of International Law and Commerce
This article examines the question of whether the Gulf of Taranto in Italy is an historic bay.
Book Reviews
Syracuse Journal of International Law and Commerce
Book review of LOYALTIES by Daniel Patrick Moynihan. San Diego: Harcourt Brace Jovanich (1984) and book review of CULTURES IN COLLISION-A CANADIAN-U.S. CONFERENCE ON COMMUNICATIONS POLICY. Foreward by Goodwin Cooke. New York: Praeger, 1984.
The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day
The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day
Syracuse Journal of International Law and Commerce
This article analyzes the 1984 UK-PRC agreement which returned Hong Kong to China, and argues that this unique experiment, involving fundamentally dissimilar societies, will permit Hong Kong to flourish and that the PRC must respect the terms of the agreement for sound economic, political, and diplomatic reasons.
International Law & International Order, Daniel Patrick Moynihan
International Law & International Order, Daniel Patrick Moynihan
Syracuse Journal of International Law and Commerce
It is just a quarter-century since I first came to Syracuse University to teach at the Maxwell School. Sobered by the discovery that elections can be lost as well as won, I settled down and promptly finished my doctoral dissertation in the field of international law and organization. In time, along with Harlan Cleveland, then Dean at Maxwell, I left to join the Kennedy Administration. He became Assistant Secretary of State for International Affairs and, generous as always, he saw to it that I had a small hand in such matters, beginning an involvement that has been more or less …
Book Review: Japanese Business Law And The Legal System By Elliot J. Hahn. Westport, Connecticut: Quorum Books (1984)., Brigitte Herzog
Book Review: Japanese Business Law And The Legal System By Elliot J. Hahn. Westport, Connecticut: Quorum Books (1984)., Brigitte Herzog
Syracuse Journal of International Law and Commerce
This review offers the reviewer's perception of the strengths and shortcomings of Eliot J. Hahn's book, Japanese Business Law and the Legal System.
Historic Bays Of The Mediterranean: A Conference Sponsored By Syracuse University And The University Of Pisa, Goodwin Cooke
Historic Bays Of The Mediterranean: A Conference Sponsored By Syracuse University And The University Of Pisa, Goodwin Cooke
Syracuse Journal of International Law and Commerce
On every continent, and since time practically immemorial, nation states have invoked the phrase "historic bays" to assert sovereignty over waters which would otherwise be part of the high seas. This foreword introduces the issues raised in regard to historic bays at a conference held in New York City, October 12-13, 1984.
The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman
The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman
Syracuse Journal of International Law and Commerce
The author examines the issue of coastal indentations in relation to the international law of the sea and argues that Professor Natalino Ronzitti has erroneously concluded that the Gulf of Taranto is an historic bay.
Foreign Sales Corporations: A New Form Of Tax Relief For Exporters, Stanley J. Marcuss, Kathryn Hoff-Patrinos
Foreign Sales Corporations: A New Form Of Tax Relief For Exporters, Stanley J. Marcuss, Kathryn Hoff-Patrinos
Syracuse Journal of International Law and Commerce
This article compares the U.S. export incentives, the Domestic International Sales Corporation (DISC) and the newer Foreign Sales Corporation (FSC), and concludes that the complexities of the FSC will make achieving the objective of reducing the tax on imports a challenge to lawyers and accountants alike.
The Law Of The Sea: Anadromous And Catadromous Fish Stocks, Sedentary Species, And The Highly Migratory Species, John Warren Kindt
The Law Of The Sea: Anadromous And Catadromous Fish Stocks, Sedentary Species, And The Highly Migratory Species, John Warren Kindt
Syracuse Journal of International Law and Commerce
The fishing industry has been important to many nations of the world since mankind first sailed the ocean. The diets and economies of many nations are still inextricably linked to the sea. Prior to 1900, the international fishing fleets were guided only by the principle of "catch-as-catch-can." Demand seemed relatively light when contrasted with the seemingly endless supply, and fishing had little effect on the international stock of fish. In addition, the gain to be realized by restricting access and extending jurisdictional claims over the ocean was slight in comparison to the costs of enforcing an exclusive access system. The …
1983-1984 Survey Of International Law In The Second Circuit, Patricia J. Youngblood
1983-1984 Survey Of International Law In The Second Circuit, Patricia J. Youngblood
Syracuse Journal of International Law and Commerce
During 1983 and 1984, the United States Court of Appeals for the Second Circuit and the New York Court of Appeals decided significant cases raising issues of international law and of domestic law presented in international contexts.
Front Matter
Syracuse Journal of International Law and Commerce
Front cover, Editorial board of advisors, Table of contents, Publication information, College of Law administration and faculty, Editorial Board
Recent Developments: Rehearing Granted: Allied Bank International V. Banco Agricola Credito De Cartago And The Current International Debt Crisis
Syracuse Journal of International Law and Commerce
The United States District Court for the Southern District has ordered a rehearing of the ruling in Allied Bank International v. Banco Agricola Credito de Cartago1 (Allied). This is well received news in the banking community because the magnitude of foreign debt, especially to Latin and South American countries, is at an all time zenith. The early 1970's evidenced an unprecedented American growth in banking when United States banks expanded their international operations.2 The potential for future loan activity may be affected to a considerable extent, depending on how Allied is decided upon rehearing.
Countertrade And Export Trading Companies: Has The United States Joined The Successful Trading Game Of Japan And Others?, Lori-Ann Ricci
Countertrade And Export Trading Companies: Has The United States Joined The Successful Trading Game Of Japan And Others?, Lori-Ann Ricci
Syracuse Journal of International Law and Commerce
The purpose of this article is to examine the use of countertrade and export trading companies in the United States.
Back Matter
Syracuse Journal of International Law and Commerce
Law journal advertisements, Back cover
Copyright Protection For Computer Software: An International View
Copyright Protection For Computer Software: An International View
Syracuse Journal of International Law and Commerce
The best method for protection of computer software has been a topic of debate and considerable controversy during the past few decades both in the United States, and in technologically advanced countries throughout the world. Current legal theories of protection include patent, trade secret and copyright law. Although each theory has its particular merits, this Note will focus on the growing trend toward copyright protection for computer software.
The Delimitation Of Territorial Waters In The Mediterranean Sea, Andrea De Guttry
The Delimitation Of Territorial Waters In The Mediterranean Sea, Andrea De Guttry
Syracuse Journal of International Law and Commerce
This article focuses on the delimitation of territorial waters in the Mediterranean Sea.
Foreign Sales Corporations: A Viable Solution To The Disc Controversy?
Foreign Sales Corporations: A Viable Solution To The Disc Controversy?
Syracuse Journal of International Law and Commerce
The Foreign Sales Corporation Act of 1983 (FSC)1 was introduced in Congress on August 4, 1983 as a replacement for the embattled ten year old tax export aid, the Domestic International Sales Corporation (DISC).2 Given the criticism which has plagued DISC since its inception in 1971, this year's enactment of FSC is indeed a welcome change. However, as a solution to the DISC controversy under the General Agreement on Tariffs and Trade (GATT),3 or as a comparable incentive to DISC, FSC is arguably somewhat lacking.
Historic Bays In International Law--An Impressionistic Overview, L. F. E. Goldie
Historic Bays In International Law--An Impressionistic Overview, L. F. E. Goldie
Syracuse Journal of International Law and Commerce
This paper takes up the traditional concept of historic bays as one time-honored basis for asserting national claims at the expense of the common high seas, which, however, unlike some of the more recent forms of decentralized enclosures, purports to rely on, or should rely on, a specific, objective, and clearly articulated definition, rather than on a subjective one.
The Implementation Process Of The International Code Of Marketing Of Breastmilk Substitutes
The Implementation Process Of The International Code Of Marketing Of Breastmilk Substitutes
Syracuse Journal of International Law and Commerce
The passage of the World Health Organization (WHO) "International Code of Marketing of Breastmilk Substitutes" (Code of Breastmilk Substitutes) in May of 1981 marked a great achievement in the fight for improved infant health, but did not signify a lasting solution to the problem of poor marketing practices of infant formula manufacturers. The implementation of the Code of Breastmilk Substitutes is a long and difficult process because the Code was adopted as a recommendation under article 23 of the WHO Constitution, rather than as a regulation. The practical significance of the Code's status as a recommendation is that the Code …
Recent Development: Franklin Mint Corporation V. Trans World Airlines Inc.: Limiting Air Carrier Liability Under The Warsaw Convention, Steven D. Mellema
Recent Development: Franklin Mint Corporation V. Trans World Airlines Inc.: Limiting Air Carrier Liability Under The Warsaw Convention, Steven D. Mellema
Syracuse Journal of International Law and Commerce
This article describes the facts of the 1984 Franklin Mint v. Trans World Airlines court case, providing the relevant background to the case. It also reviews the district court, circuit court, and Supreme Court opinions, with particular attention and analysis given to the Supreme Court opinion, and highlights the significant implications of the case.
Tunisia's Claims Over Adjacent Seas And The Doctrine Of "Historic Rights", Andrea Gioia
Tunisia's Claims Over Adjacent Seas And The Doctrine Of "Historic Rights", Andrea Gioia
Syracuse Journal of International Law and Commerce
This article examines Tunisia's claims to have "historic rights" to the seas along its coasts.
Kentucky Law Survey: Commercial Law, Richard H. Nowka
Kentucky Law Survey: Commercial Law, Richard H. Nowka
Kentucky Law Journal
No abstract provided.
Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich
Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich
Kentucky Law Journal
No abstract provided.
Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper
Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper
Seattle University Law Review
This Comment will trace the history of the Washington courts' decision to deny foreclosure by judicial sale in land installment contracts with forfeiture clauses and will demonstrate the viability and preferability of foreclosure by judicial sale as an equitable remedy for a defaulting buyer. The Comment will also describe how other states, either legislatively or judicially, have resolved the inequity of forfeitures.
An Economic Analysis Of The Lost-Volume Retail Seller, Victor P. Goldberg
An Economic Analysis Of The Lost-Volume Retail Seller, Victor P. Goldberg
Faculty Scholarship
Suppose that a customer agrees to buy a boat and before it is delivered, he reneges. The dealer subsequently resells the boat to another customer at the same price. Has the seller suffered damages (aside from incidental damages) and, if so, should he be compensated? This question, dubbed the lost-volume seller problem, has been the subject of considerable legal analysis, usually in the context of explicating section 2-708(2) of the Uniform Commercial Code (U.C.C.). There have been a number of attempts to apply economic analysis to this difficult question, the most recent by Professors Goetz and Scott. Unfortunately, the economic …
Efficiency Justifications For Personal Property Security, James J. White
Efficiency Justifications For Personal Property Security, James J. White
Articles
In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …
Commercial Law, Linda Rae Artimez