Law Commons^™

The New International Law Of Sales: A Marriage Between Socialist, Third World, Common, And Civil Law Principles, Sara G. Zwart

North Carolina Journal of International Law

No abstract provided.

The Role Of Lawyers In Licensing Negotiations, Robert Goldscheider

North Carolina Journal of International Law

No abstract provided.

Gregorian V. Izvestia: Libel And The Foreign Sovereign Immunities Act, Michele Roufail

North Carolina Journal of International Law

No abstract provided.

The Commercial Activity Exception To The Act Of State Doctrine Revisited: Evolution Of A Concept, Stephen J. Leacock

North Carolina Journal of International Law

No abstract provided.

Zoelsch V. Arthur Anderson & Co.: Restricting Subject Matter Jurisdiction For Foreign Litigants, Elizabeth M. Orazem

North Carolina Journal of International Law

No abstract provided.

Table Of Contents - Issue 1, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

International Debt And The Act Of State Doctrine: Judicial Abstention Reconsidered, W. H. Knight Jr.

North Carolina Journal of International Law

No abstract provided.

Franshising In The Common Market: A Survey Of The Application Of Competition Law Of The European Community To Retail Franchising, Paul C. Ridgeway

North Carolina Journal of International Law

No abstract provided.

Immigration And Naturalization Service V. Cardoza-Fonseca: The Last Word On The Standard Of Proof For Asylum Proceedings, Elaine Moye Whiteford

North Carolina Journal of International Law

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Commercial Law, Thomas J. Bamonte, Molly Mosley

Loyola University Chicago Law Journal

No abstract provided.

Insider Trading Liability Of Tippees And Quasi-Insiders: Crime Shouldn't Pay, 22 J. Marshall L. Rev. 295 (1988), Robert J. Kuker

UIC Law Review

No abstract provided.

Art And Law: At Home And Abroad, Douglass Boshkoff

Indiana Law Journal

No abstract provided.

Trends In First Amendment Protection Of Commercial Speech, Mary B. Nutt

Vanderbilt Law Review

Recent Development:

The first amendment guarantees that "Congress shall make no law... abridging the freedom of speech or of the press."' Over the past few decades, the Supreme Court has applied the first amendment to commercial speech only sporadically. The Court has vacillated between refusing to apply the first amendment, liberally extending first amendment guarantees,4 and applying limited first amendment protections to commercial speech.' This expansion and contraction of first amendment protection stems partly from three factors: (1) the Court's characterization of the speech at issue as commercial or noncommercial, (2) the Court's perception of the relevant regulation as content-based …

Bailor Beware: Limitations And Exclusions Of Liability In Commercial Bailments, A. Darby Dickerson

Vanderbilt Law Review

Although people enter into bailment agreements every day, the diversity and significance of bailments generally are unknown to lay persons and ignored by lawyers. This neglect stems in part from the antiquity of bailment and from its overlap with other branches of the law.' One commentator has stated that "bailment stands at the point at which contract, tort, and property law converge," representing a contractual conveyance of personal property that is enforceable in tort. Although bailment draws from other areas of the law, it retains a separate legal personality whose independent character has yet to be fully explored.The term "bailment," …

Interest Rate And Currency Swaps, Christian Droop

LLM Theses and Essays

This thesis explores the evolution, mechanics, and risks associated with interest rate and currency swaps, key financial instruments in global markets since the late 1970s. Swaps involve the exchange of predetermined payments in the same or different currencies between parties, aiming to leverage their financial capabilities and reduce transaction risks. By 1987, the volume of outstanding swap transactions exceeded $1.1 trillion, highlighting their significance in capital markets..

The thesis aims to present basic swap transactions, describe associated risks, and discuss current efforts to control these risks through regulatory and contractual measures, which focus on New York law. It also examines …

Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert

University of Richmond Law Review

This survey of commercial law reviews all Virginia Supreme Court cases interpreting the Virginia Uniform Commercial Code (the "Code") and all statutory changes made to the Code in the 1988 session of the General Assembly. It also reviews significant Code cases decided in the various federal courts located in Virginia and in the Virginia circuit courts. It is current as of approximately May 1, 1988.

The Decline Of The Contract Market Damage Model, James J. White

University of Arkansas at Little Rock Law Review

No abstract provided.

Finding The Lost Volume Seller: Two Independent Sales Deserve Two Profits Under Illinois Law, 22 J. Marshall L. Rev. 363 (1988), Jerald B. Holisky

UIC Law Review

No abstract provided.

The Decline Of The Contract Market Damage Model, James J. White

Articles

In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.

The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

The Risks Of Insider Guaranties, Douglass G. Boshkoff

Articles by Maurer Faculty

Loan payments made within a year of a bankruptcy filing could be considered avoidable preferences if the loan were guaranteed by a corporate insider. In this article, Prof Boshkoff argues that bankers should value insider guaranties only as a second source of payment, not for any subtle pressure they may exert on the borrower.

Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.

Back Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia

Articles

Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …

Personal Jurisdiction And The Stream Of Commerce Theory: A Reappraisal And A Revised Approach, Mollie A. Murphy

Kentucky Law Journal

No abstract provided.

Race, Reform, And Retrenchment: Transformation And Legitimation In Antidiscrimination Law, Kimberlé W. Crenshaw

Faculty Scholarship

Recent works by neoconservatives and by Critical legal scholars have suggested that civil rights reforms have been an unsuccessful means of achieving racial equality in America. In this Article, Professor Crenshaw considers these critiques and analyzes the continuing role of racism in the subordination of Black Americans. The neoconservative emphasis on formal colorblindness, she argues, fails to recognize the indeterminacy of civil rights laws and the force of lingering racial disparities. The Critical scholars, who emphasize the legitimating role of legal ideology and legal rights rhetoric, are substantially correct, according to Professor Crenshaw, but they fail to appreciate the choices …

Theoretical Conundrums And Practical Solutions In Singapore Commercial Law: A Review And Application Of Section 5 Of The Civil Law Act, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Singapore plays an important role as a centre of trade and finance. For that reason, therefore, commercial law is arguably the most important branch of law in this island republic.

Building A Commercial Practice, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

Commercial real estate law practice includes but is not limited to everything from new construction to complex exchanges, from strip shopping centers with a few stores to modern regional shopping centers, from the small two or three unit office building to the large downtown and suburban office/residential condo developments, and the sale of any type of business property. While it appears there is room for thousands of attorneys to handle the major transactions described above, this is generally not the case. It is well known that the commercial real estate bar in most large metropolitan areas is a rather select …