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Commercial Law

1994

Institution
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Articles 1 - 30 of 51

Full-Text Articles in Law

Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks Dec 1994

Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks

Mercer Law Review

In 1990 the National Conference of Commissioners on Uniform State Laws and the American Law Institute approved comprehensive changes to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C."). These changes will greatly impact consumer transactions and alter the relationship between banks and their customers. As of December 1994, thirty-six states had adopted the revised Articles. While most states adopted them as written, some have made changes which provide the consumer with greater protection. The Georgia General Assembly will soon address the issue of whether to adopt the new Articles. At issue is whether the revisions warrant added consumer …


Commercial Law, James C. Marshall Dec 1994

Commercial Law, James C. Marshall

Mercer Law Review

Georgia legislation concerning perfection of security interests, federal bankruptcy amendments, and a decision by the United States Supreme Court were the most significant developments in Georgia commercial law during the survey period.


Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers Nov 1994

Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers

James S. Rogers

No abstract provided.


The Unsecured Creditor's Bargain: An Essay In Reply, Reprisal, Or Support?, F. Stephen Knippenberg Oct 1994

The Unsecured Creditor's Bargain: An Essay In Reply, Reprisal, Or Support?, F. Stephen Knippenberg

F. Stephen Knippenberg

No abstract provided.


Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1994

Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Perfection By Possession In Article 9: Challenging The Arcane But Honored Rule, David A. Ebroon Oct 1994

Perfection By Possession In Article 9: Challenging The Arcane But Honored Rule, David A. Ebroon

Indiana Law Journal

No abstract provided.


Free Trade And The Regulatory State: A Gatts-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec Oct 1994

Free Trade And The Regulatory State: A Gatts-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec

Vanderbilt Law Review

At one time, federalism may have seemed a peculiarly American institution. Today, however, we can see federalism as a special case of the more general problem of allocating power among geographic units. Problems of federalism arise in structures as large as the European Union' and the even larger global trade system under the General Agreement on Tariffs and Trade ("GATT").

Free trade increasingly is accepted as a value internationally, as it always has been for commerce within the United States. Yet, both internationally and domestically, free trade must accommodate the reality of the modern regulatory state-a state that shows little …


West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein Oct 1994

West Lynn Creamery And The Constitutionality Of State Tax Incentives, Walter Hellerstein

Scholarly Works

One of the more perplexing questions that has surfaced from time to time in the state tax field is how a constitutionally benign tax incentive program designed to attract industry to a state is to be distinguished from an unconstitutionally discriminatory taxing scheme that “forecloses tax-neutral decisions” and “provides a direct commercial advantage to local business.” On one hand, the U.S. Supreme Court has expressed the view that its decisions do “not prevent the States from structuring their tax systems to encourage the growth and development of intrastate commerce and industry.” On the other hand, the Court has frequently invalidated …


Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers Aug 1994

Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers

James S. Rogers

No abstract provided.


Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman Jul 1994

Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


The Discontinuance Of The Certified Check—An Arkansas Study, Arthur G. Murphey Jr. Jul 1994

The Discontinuance Of The Certified Check—An Arkansas Study, Arthur G. Murphey Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Appropriate Standards For A Buyer's Refusal To Keep Goods Tendered By A Seller, William H. Lawrence May 1994

Appropriate Standards For A Buyer's Refusal To Keep Goods Tendered By A Seller, William H. Lawrence

William & Mary Law Review

No abstract provided.


Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces May 1994

Introduction To The Revision Of Article 2 Of The Uniform Commercial Code Symposium, Peter A. Alces

William & Mary Law Review

No abstract provided.


Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer May 1994

Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer

William & Mary Law Review

No abstract provided.


Good Faith In Articles 1 And 2 Of The U.C.C.: The Practice View, Steven J. Burton May 1994

Good Faith In Articles 1 And 2 Of The U.C.C.: The Practice View, Steven J. Burton

William & Mary Law Review

No abstract provided.


Consumers-R-Us: A Reality In The U.C.C. Article 2 Revision Process, Yvonne W. Rosmarin May 1994

Consumers-R-Us: A Reality In The U.C.C. Article 2 Revision Process, Yvonne W. Rosmarin

William & Mary Law Review

No abstract provided.


Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces May 1994

Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces

William & Mary Law Review

No abstract provided.


Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman May 1994

Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman

William & Mary Law Review

No abstract provided.


Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch May 1994

Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch

William & Mary Law Review

No abstract provided.


Contract Formation And Modification Under Revised Article 2, Richard E. Speidel May 1994

Contract Formation And Modification Under Revised Article 2, Richard E. Speidel

William & Mary Law Review

No abstract provided.


Consumer Issues And The Revision Of U.C.C. Article 2, Fred H. Miller May 1994

Consumer Issues And The Revision Of U.C.C. Article 2, Fred H. Miller

William & Mary Law Review

No abstract provided.


The Revision Of Article 2: Romancing The Prism, John E. Murray Jr. May 1994

The Revision Of Article 2: Romancing The Prism, John E. Murray Jr.

William & Mary Law Review

No abstract provided.


Castles In The Air: Blanket Assent And The Revision Of Article 2, Alexander M. Meiklejohn Mar 1994

Castles In The Air: Blanket Assent And The Revision Of Article 2, Alexander M. Meiklejohn

Washington and Lee Law Review

No abstract provided.


A Property-Based Theory Of Security Interests: Taking Debtors' Choices Seriously, (With C. Mooney, Jr.). , Steven L. Harris Feb 1994

A Property-Based Theory Of Security Interests: Taking Debtors' Choices Seriously, (With C. Mooney, Jr.). , Steven L. Harris

All Faculty Scholarship

No abstract provided.


The Business Judgment Rule: Meaningless Verbiage Or Misguided Notion?, Franklin A. Gevurtz Jan 1994

The Business Judgment Rule: Meaningless Verbiage Or Misguided Notion?, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.


Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White Jan 1994

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

Other Publications

In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties may …


Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma Jan 1994

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …


Check Fraud Litigation In Connecticut After The 1990 Revisions To The U.C.C., Timothy Fisher Jan 1994

Check Fraud Litigation In Connecticut After The 1990 Revisions To The U.C.C., Timothy Fisher

Faculty Articles and Papers

No abstract provided.


How Much Satisfaction Should You Expect From An Accord? The U.C.C. Section 3-311 Approach, Michael D. Floyd Jan 1994

How Much Satisfaction Should You Expect From An Accord? The U.C.C. Section 3-311 Approach, Michael D. Floyd

Loyola University Chicago Law Journal

No abstract provided.


Comparing The United States Warehouse Act And Ucc Article 7, Drew Kershen Jan 1994

Comparing The United States Warehouse Act And Ucc Article 7, Drew Kershen

Drew L. Kershen

No abstract provided.