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Articles 1 - 8 of 8

Full-Text Articles in Law

Arbitration: Back To The Future, Theodore J. St. Antoine Jan 1996

Arbitration: Back To The Future, Theodore J. St. Antoine

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A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …


Harmonizing The Policy Of The Bankruptcy Code And Article 9, Edwin E. Smith, Elizabeth Warren, James J. White Jan 1996

Harmonizing The Policy Of The Bankruptcy Code And Article 9, Edwin E. Smith, Elizabeth Warren, James J. White

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In a true sense bankruptcy law--at least as represented by the 1978 Code--is in conflict, not in harmony, with Article 9. To a considerable degree (perhaps more than they realize) debtors and unsecured creditors got things they wanted from Congress by the adoption of the Bankruptcy Reform Act of 1978. It is doubtful that that Act could have been passed in any Congress before or since. In many ways, the rights of the debtor and of the unsecured creditors have been cut back since the adoption of the Bankruptcy Reform Act.


Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White Jan 1996

Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White

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1. Under what circumstances is it bad faith for an issuer to honor a letter of credit in the face of an applicant's offer of proof of fraud by the beneficiary? 2. What is the issuer's obligation where there is a waiver by the applicant that the issue chooses not to honor? 3. What are the rights of transferees of transferable letters of credit and assigness of proceeds?


Faculty Spotlight, Nicholas J. Rine Jan 1996

Faculty Spotlight, Nicholas J. Rine

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Professor Nicholas Rine talks about his teaching and work.


Faculty Spotlight, Grace C. Tonner Jan 1996

Faculty Spotlight, Grace C. Tonner

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Professor Grace Tonner talks about her teaching and work.


Faculty Spotlight, Michael Heller Jan 1996

Faculty Spotlight, Michael Heller

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Professor Michael Heller talks about his teaching and research.


The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White Jan 1996

The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White

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I. Standard Form Contracts II. Buyer in Ordinary Course; Prepaying Buyer III. Consignments IV. Seller's Right to Reclaim Delivered Goods


A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White Jan 1996

A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White

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The editors of the Journal invited me to review James Boyd White's Acts of Hope. In response I proposed inviting Professor White to join me in a conversation about his work. First the editors and then he accepted the proposal. Professor White and I agreed that we might call a halt to this experiment at any time because we would not subvert our friendship in the attempt to enact an instance of it in print. The editors accepted the risk that we might at last have no pages for them. - MSB