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LLM Theses and Essays

1995

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Priorities In Chattel Paper: Analysis Of § 9-308 Of The U.C.C., Joseph Wilson Jan 1995

Priorities In Chattel Paper: Analysis Of § 9-308 Of The U.C.C., Joseph Wilson

LLM Theses and Essays

Article 9 of the Uniform Commercial Code (UCC) governs any transaction which creates a security interest in personal property or fixtures. Generally when there is a conflict between secured parties in the same collateral, the UCC’s default priority rule declares the first secured party to file a financing statement or perfect its interest to have priority. However, section 9-308 creates an exception to this default rule when the security interest is claimed in chattel paper. Chattel paper is a group of writings taken together that evidence both a monetary obligation and a security interest in or a lease of specific …

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Judicial Protection Of The Individual Against Administrative Actions In The United States And In Germany, Joerg Nikolaus Uhl Jan 1995

Judicial Protection Of The Individual Against Administrative Actions In The United States And In Germany, Joerg Nikolaus Uhl

LLM Theses and Essays

From the Preamble of the U.S. Constitution which begins “We the people…,” the focus of the American legal system is clear. The individual and personal freedom are the primary concern for protection under U.S. law. Conversely, the German legal system places its focus on the preservation of the democratic system. This difference and the weight the U.S. places on separation of powers, whereas the executive and legislative branches are closely related in Germany, have combined to produce many differences between the U.S. and German political and legal systems. This paper analyzes these differences, especially with regards to administrative agencies and …

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Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro Jan 1995

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …

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The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …

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Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi Jan 1995

Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi

LLM Theses and Essays

A strategic alliance is an arrangement for economic collaboration between firms at the same level of distribution, involving an exchange of critical skills aimed at buffering the core business strategy, technology, or markets of the partners. Research indicates that the care and thought of the strategic alliance partners increases with the importance of the venture to the strategic objectives of the entity. This paper describes the importance of strategic alliances in today’s competitive world. It examines the benefits of entering into strategic alliances, the legal implications of strategic alliances, and various industries where strategic alliances are dominant. Finally, this paper …

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Apec As A New Model Of Regional Economic Cooperation: Compatibility With Gatt, Bing Ding Jan 1995

Apec As A New Model Of Regional Economic Cooperation: Compatibility With Gatt, Bing Ding

LLM Theses and Essays

Today’s driving forces in world trade are private trade, investment flows, technological progress, and job creation. These forces create momentum towards the further integration of economy within their respective regions. The challenge for governments today is to reinforce these trends in favor of long-term economic benefits, while resisting the temptation to make short-term adjustments for growth. Regionalism is being considered as a solution to contemporary international economic problems; with the division of the world into the three major trading blocs of the EC, NAFTA, and APEC, regionalism seems to be the fastest road to multilateral free trade. This paper proposes …

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The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann Jan 1995

The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann

LLM Theses and Essays

In contrast to the public-notice filing system under U.C.C. Article 9, the modern German law of securities in personal property lacks publicity of security interests. The German courts have developed a mesh of priority rules exhaustively described in this analysis. Despite the costs and risks arising under the formal filing system, the U.C.C. accomplishes a preferable balance of interests involved in secured transactions. It assures certainty to creditors about the priority of security interests in particular assets, whereas the German law comprehensively recognizes the debtor’s interest in the secrecy of the transaction and the need for external capital. Regarding the …

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Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull Jan 1995

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

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The Relevant Market In European Merger Law, Benedicte Haubold Jan 1995

The Relevant Market In European Merger Law, Benedicte Haubold

LLM Theses and Essays

Due to the rapid acceleration of merger movements in the 1980s, the adoption of new merger regulation was a must for the European market. Before the new merger regulation was adopted in 1989, the European Commission used to apply the general competition rules of the Rome Treaty when dealing with mergers. The Commission used to interpret Articles 85 and 86 of the Rome Treaty as a means to condemn mergers that would lead to an abuse of a dominant position at a European level; at that time, there was an absence of complete and systematic control as far as structural …

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Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika Jan 1995

Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika

LLM Theses and Essays

In Sub-Saharan Africa, like many other third world and former Soviet bloc countries, economic development policies revolve around raising the standard of living for their people. Therefore, they are seeking different ways to attract investment, trade, technology, and jobs. The movement towards attracting foreign investment has been paralleled by democratic political reforms and economic liberalization of previously autocratic and restrictive systems. These reforms have been enacted, mostly at the insistence of the World Bank and the International Monetary Fund, in order to deal with the severe foreign debt situation and improve Sub-Saharan Africa’s opportunities for attracting foreign investment. This paper …

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U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko Jan 1995

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

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International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg Jan 1995

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …

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Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama Jan 1995

Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama

LLM Theses and Essays

Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …

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Fiduciary Duty Of Directors In Takeover Setting, Ladda Woravitlikit Jan 1995

Fiduciary Duty Of Directors In Takeover Setting, Ladda Woravitlikit

LLM Theses and Essays

Often, an outsider will purchase a block of shares in a target corporation and then formally announce an intention to take over the corporation with a tender offer. The motivation and various techniques that can be used to achieve such a takeover are explored in this paper. In this setting, the directors of the target corporation usually reject the outsider’s offer in an effort to keep the corporate entity and their positions. The target’s directors claim the business judgment rule protects their decision. This assertion is reviewed by the author along with other defensive tactics used by the target’s directors …

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Internal Governance Standards, Suramya Balachandran Jan 1995

Internal Governance Standards, Suramya Balachandran

LLM Theses and Essays

Corporate control has a variety of connotations; it can mean the group of individuals who are regarded as “the control” of a corporation, the office of a corporation, or a fiduciary relationship between the office holder and the corporation. Corporate control transactions are changes in a corporation’s structure motivated by the desire for growth of the corporation, such as setting up new divisions, acquiring or being acquired by another corporation, selling or buying stock, and entering or leaving markets. Control transactions have been a successful business practice since the 1980s. The first part of this thesis analyzes the benefits of …

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Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu Jan 1995

Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu

LLM Theses and Essays

The objective of the thesis is to examine only one aspect of the legal relationship between an issuer and a beneficiary, i.e., an issuer’s duties regarding notifying a beneficiary of documentary discrepancies in the letter of credit transactions. To lay down a theoretical foundation, the basic principle of the letter of credit law and policy considerations for this legal obligation will be explored in the thesis. In Chapter II, the relevant provisions of the U.C.C and U.C.P. will be examined and compared. Chapter III will focus on how the courts interpret and apply the U.C.C and U.C.P. in the cases …

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