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Full-Text Articles in Law

Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr. Aug 1993

Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.

Law Faculty Scholarly Articles

Since the 1940s, the technology revolution has enabled people to communicate electronically. Sitting at a computer terminal connected to a modem and a telephone wire, it is possible to send a message anywhere in the country (or throughout the world)—to another computer, to a telecopy or telefax machine, even to a telephone. Paper is being replaced by electronic signals as a mode of communication. This revolution calls into question some of the fundamental rules upon which our contracts and the U.C.C. were built. On a broader scale, electronic communication raises issues that include the rights and responsibilities of providers and …


Contractual Agreements To Aribtrate Disputes: Whose Intent Controls - Skewes V. Shearson Lehman Bros., Eric M. Landoll Jul 1993

Contractual Agreements To Aribtrate Disputes: Whose Intent Controls - Skewes V. Shearson Lehman Bros., Eric M. Landoll

Journal of Dispute Resolution

With the enactment of the Federal Arbitration Act [hereinafter F.A.A.]2 in 1925, Congress attempted to place arbitration agreements "upon the same footing as other contracts."3 This Act, later described as a "liberal federal policy favoring arbitration, "' creates a presumption in favor of arbitration where ambiguities arise as to the scope of an agreement.5 Under this interpretation, it appears that the intent of the parties can be overlooked in favor of the federal policy favoring arbitration. This is contrary to general principles of contract interpretation and would appear to be a trap for those unfamiliar with this area of the …


Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost Mar 1993

Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost

Law Faculty Scholarly Articles

The financial collapse of a corporation raises significant questions regarding its shareholders and creditors' ex ante allocation of the risk that such a collapse might occur. In bankruptcy, most of these risk allocation issues relate to the priority of particular creditors' claims against the assets of the failed business. But determining priority first requires some reasoned means of identifying the assets against which creditors may assert their claims. In many cases, this question is simply one of locating and distributing assets. However, when bankrupt firms have conducted their operations through a complex web of subsidiary corporations, each holding distinct assets …


Fort Mcdowell Indian Community Water Settlement (Yavapai Nation), Fort Mcdowell Indian Community, United States, State Of Arizona, Salt River Valley Water User's Association, Salt River Project Agricultural Improvement And Power District, Roosevelt Water Conservation District, Central Arizona Water Conservation District, Phoenix, Az, Scottsdale, Az, Glendale, Az, Mesa, Az, Tempe, Az, Chandler, Az, Town Of Gilbert Jan 1993

Fort Mcdowell Indian Community Water Settlement (Yavapai Nation), Fort Mcdowell Indian Community, United States, State Of Arizona, Salt River Valley Water User's Association, Salt River Project Agricultural Improvement And Power District, Roosevelt Water Conservation District, Central Arizona Water Conservation District, Phoenix, Az, Scottsdale, Az, Glendale, Az, Mesa, Az, Tempe, Az, Chandler, Az, Town Of Gilbert

Native American Water Rights Settlement Project

Settlement: Fort McDowell Indian Community Water Settlement (Jan. 15, 1993) Parties: Fort McDowell Indian Community, Yavapai Nation, Arizona, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, and Central AZ Water Conservation District. Overall plan is to find enough water to irrigate 4,000 acres with a duty of 4.5 a/f/y and support 18,350 acres with a duty of 1 a/f/y. of urban development. With an exception for the Verde River Spill Water, total diversion (all from above Granite Reef Dam) is limited to …


The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller Jan 1993

The Problem Of Withholding In Response To Breach: A Proposal To Minimize Risk In Continuing Contracts, William J. Geller

Fordham Law Review

No abstract provided.