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1994

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Articles 1 - 30 of 115

Full-Text Articles in Law

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.

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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.

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Certainty, Efficiency, And Realism: Rights In Collateral Under Article 9 Of The Uniform Commercial Code, Margit Livingston Oct 1994

Certainty, Efficiency, And Realism: Rights In Collateral Under Article 9 Of The Uniform Commercial Code, Margit Livingston

Margit Livingston

Article 9 of the Uniform Commercial Code requires that the debtor have "rights in the collateral" for the attachment of a security interest. The drafters, however, left the determination of the phrase's meaning to the courts. This article argues that the requirement of "rights in the collateral" is unnecessary as it relates to tangible goods and should be deleted from Article 9. As an alternative to the uncertainty engendered by the phrase, the article proposes substituting a set of notice and priority rules that more clearly define the rights and obligations of the parties undertaking an Article 9 transaction involving …

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United Nations Commission Of Experts Established Pursuant To Security Council Resolution 780, M. Bassiouni Sep 1994

United Nations Commission Of Experts Established Pursuant To Security Council Resolution 780, M. Bassiouni

M. Cherif Bassiouni

Throughout modern history, there have only been three internationally established commissions to investigate war crimes and prepare for eventual prosecutions before international and national judicial bodies: the 1919 Commission on the Responsibilities of the Authors of the War and on Enforcement of Penalties for Violations of the Laws and Customs of War (1919 Commission), the 1943 United Nations War Crimes Commission (UNWCC), and the Commission of Experts established pursuant to Security Council Resolution 780 (1992) to investigate violations of international humanitarian law in the former Yugoslavia (Commission of Experts). Even though there are no connections among the three bodies, there …

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Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds Aug 1994

Thomas Hobbes's "A Discourse Of Laws", Noel B. Reynolds

Noel B Reynolds

The recent discovery that an anonymously published 1620 essay was an early writing of Thomas Hobbes invites investigation of his early thinking. Hobbes relied on mostly classical sources to advance a basically conventionalist theory of law and to anticipate twentieth century analyses of the principles of rule of law such as those made famous by F. A. Hayek and Michael Oakeshott.

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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.

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The 'Three Strikes' Policy Is An Error, Craig B. Mousin Jul 1994

The 'Three Strikes' Policy Is An Error, Craig B. Mousin

Craig B. Mousin

No abstract provided.

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Liquidated Damages Clause In Partnership Agreement Held Not Noncompete Agreement, Kevin R. Eberle Jul 1994

Liquidated Damages Clause In Partnership Agreement Held Not Noncompete Agreement, Kevin R. Eberle

Kevin Eberle

A law review note reviewing and criticizing a recent South Carolina Court of Appeals decision refusing to treat a liquidated damages provision in a partnership agreement as a noncompete agreement

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"The ‘Three Strikes’ Policy Is An Error”, Craig B. Mousin Jul 1994

"The ‘Three Strikes’ Policy Is An Error”, Craig B. Mousin

Craig B. Mousin

No abstract provided.

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European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber Jun 1994

European Law: Thinking About It And Teaching It - An Introduction To The Symposium (Dimensions Of European Union Law: A Symposium), David J. Gerber

David J. Gerber

No abstract provided.

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Void For Vagueness: Introduction To A Symposium, Robert D. Cooter May 1994

Void For Vagueness: Introduction To A Symposium, Robert D. Cooter

Robert Cooter

No abstract provided.

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Structural Adjudication And The New Law Merchant: A Model Of Decentralized Law, Robert D. Cooter May 1994

Structural Adjudication And The New Law Merchant: A Model Of Decentralized Law, Robert D. Cooter

Robert Cooter

No abstract provided.

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Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette May 1994

Radical Lawmakers In Colonial Massachusetts: The `Countenance Of Authoritie' And The Lawes And Libertyes, Daniel R. Coquillette

Daniel R. Coquillette

Also appears in Studi in Memoria Di Gino Gorla, 1605-1633. Tomo II: Dialogo Tra Ordinamenti, Diritto dei Commerci E Diritto Europa Iura Naturalia E Diritti Fondamentali. Italy, 1994, and in translation as "Giuristi Radicali Nel Massachusetts Coloniale: `Countenance of Authority' Lawes and Libertyes." In Il Diritto dei Nuovi Mondi: Atti del Convegno promosso dall'Instituto di Diritto Privato delle Facoltà di Giurisprudenza: Genova, 5-7 novembre 1992, 113-143. Milan: Casa Editrice Dott. Antonio Milani, 1994.

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Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burton, Juliet P. Kostritsky May 1994

Looking For Default Rule Legitimacy In All The Wrong Places: A Critique Of The Authority Of Contract Model And The Coordination Principle Proposed By Professor Burton, Juliet P. Kostritsky

Juliet P Kostritsky

No abstract provided.

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Revised U.C.C. Section 2-207: Analysis And Recommendations, John Wladis, Mark Roszkowski Apr 1994

Revised U.C.C. Section 2-207: Analysis And Recommendations, John Wladis, Mark Roszkowski

John D Wladis

No abstract provided.

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Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task?, Cynthia C. Lichtenstein Apr 1994

Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth Apr 1994

Reexamining Decisions-Making Processes In International Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.

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What Has Happened To The Common Law? -- Recent American Codifications, And Their Impact On Judicial Practice And The Law's Subsequent Development, Mark Rosen Feb 1994

What Has Happened To The Common Law? -- Recent American Codifications, And Their Impact On Judicial Practice And The Law's Subsequent Development, Mark Rosen

Mark D. Rosen

The Article documents that the general failure of the nineteenth century movement to codify American common law has given way to a quiet piecemeal codification over the past seventy five years. The Article assesses the consequences of this large-scale shift from common law to code. While the jurisprudential concerns voiced by opponents of codification in the nineteenth century (that codification would strip judges of necessary discretion and freeze growth of the law) have not materialized, the recent American codes have shaped the law's subsequent evolution in several critical respects. For one, the Article shows that unarticulated, non-axiomatic views of human …

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Efficiency In Legal Transplants: An Essay In Comparative Law And Economics, Ugo Mattei Feb 1994

Efficiency In Legal Transplants: An Essay In Comparative Law And Economics, Ugo Mattei

Ugo Mattei

No abstract provided.

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From Natural Scarcity To Artificial Abundance: The Legacy Of California Water Law And Politics (Inaugural Issue), A. Dan Tarlock Feb 1994

From Natural Scarcity To Artificial Abundance: The Legacy Of California Water Law And Politics (Inaugural Issue), A. Dan Tarlock

Dan Tarlock

No abstract provided.

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Tthe Nonequilibrium Paradigm In Ecology And The Partial Unraveling Of Environmental Law, A. Dan Tarlock Feb 1994

Tthe Nonequilibrium Paradigm In Ecology And The Partial Unraveling Of Environmental Law, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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The Influence Of Ecological Science On American Law: An Introduction (With Fred P. Bosselman), A. Dan Tarlock Feb 1994

The Influence Of Ecological Science On American Law: An Introduction (With Fred P. Bosselman), A. Dan Tarlock

Dan Tarlock

No abstract provided.

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City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock Feb 1994

City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock

Dan Tarlock

No abstract provided.

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Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt Feb 1994

Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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President Clinton's National Information Infrastructure Initiative: Community Regained? (Charles Green Lecture), Henry H. Perritt Feb 1994

President Clinton's National Information Infrastructure Initiative: Community Regained? (Charles Green Lecture), Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Video Depositions, Transcripts And Trials, Henry H. Perritt Feb 1994

Video Depositions, Transcripts And Trials, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.

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Anthologizing The Administrative State, Harold J. Krent Jan 1994

Anthologizing The Administrative State, Harold J. Krent

Harold J. Krent

No abstract provided.

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Delegation And Its Discontents (Reviewing David Schoenbrod, Power Without Responsibility, Harold J. Krent Jan 1994

Delegation And Its Discontents (Reviewing David Schoenbrod, Power Without Responsibility, Harold J. Krent

Harold J. Krent

No abstract provided.

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Foundations Of The Duty To Rescue, Steven J. Heyman Jan 1994

Foundations Of The Duty To Rescue, Steven J. Heyman

Steven J. Heyman

No abstract provided.

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Fathers And Parental Leave, Martin H. Malin Jan 1994

Fathers And Parental Leave, Martin H. Malin

Martin H. Malin

No abstract provided.

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