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Full-Text Articles in Law
Modernizing Security In Rents: The New Uniform Assignment Of Rents Act, R. Wilson Freyermuth
Modernizing Security In Rents: The New Uniform Assignment Of Rents Act, R. Wilson Freyermuth
Missouri Law Review
This Article explains the provisions of the UARA and encourages its prompt adoption in states that presently lack comprehensive statutes governing security interests in rents. Part I provides a general background about state mortgage law and the nature of the mortgagee's right to rents arising from the mortgaged premises, as well as the general impact of the federal Bankruptcy Code upon a mortgagee's security interest in rents. In Part II, the Article highlights four problem areas that have produced substantial litigation and uncertainty about the enforceability of security interests in rents in the bankruptcy context. These are (a) the proper …
Performance Risk, Form Contracts And Ucita, Leo L. Clarke
Performance Risk, Form Contracts And Ucita, Leo L. Clarke
Michigan Telecommunications & Technology Law Review
No scholarly commentator has suggested that the form contract rules provide a satisfactory answer to the commercial problem of performance risk. So, one might think that the dawn of the "information economy" would be a propitious time to implement a new doctrinal approach. Apparently not: the National Conference of Commissioners on Uniform State Laws (the "Conference") has promulgated a comprehensive commercial statute that fails to remedy or even modify the law of form contracts in purely commercial transactions. The Uniform Computer Information Transactions Act ("UCITA")--drafted to provide the background law for many of the most significant transactions in the information …
The European Alternative To Uniformity In Corporation Laws, Alfred F. Conard
The European Alternative To Uniformity In Corporation Laws, Alfred F. Conard
Michigan Law Review
Although the European Communities chose many patterns of business law that were parallel to the American, they deliberately rejected the American freedom of each state to frame its corporation law to suit itself. They decided to impose not complete uniformity, but a degree of "coordination" of "equivalent safeguards" that they deemed appropriate to the existence of an economic union. Leading commentators have described the process as "harmonization."
The decision to coordinate stimulates reflection on the relative merits of the American system of giving states a free choice of corporation regimes, restricted only marginally by federal securities regulation, and the European …
On The Need For A Uniform Choice Of Law Code, Larry Kramer
On The Need For A Uniform Choice Of Law Code, Larry Kramer
Michigan Law Review
At first blush, the notion of a uniform choice of law code seems almost paradoxical. After all, the primary mission of the National Conference of Commissioners on Uniform State Laws (NCCUSL) is to promote uniformity in the law, while choice of law exists only because laws are not uniform. To be sure, the Constitution of the NCCUSL limits the organization's objective to promoting uniformity "where uniformity is desirable and practicable," which leaves plenty of room for different laws and hence for choice of law. But even so, one would expect the Commissioners to devote their limited resources to reducing the …
Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider
Discretion, Rules, And Law: Child Custody And The Umda's Best-Interest Standard, Carl E. Schneider
Michigan Law Review
One barrier facing any attempt to devise a uniform law for diverse jurisdictions is the occasional - perhaps even frequent - difficulty of writing rules that will accurately guide judges. The law's ordinary solution to that difficulty is to give judges some measure of discretion. This article inquires into the nature and legitimacy of that technique. It does so by analyzing a particularly controversial provision of the Uniform Marriage and Divorce Act (UMDA). Section 402 of that Act states: "The court shall determine custody in accordance with the best interest of the child." It then instructs the court to "consider …
William J. Pierce, Lawrence J. Bugge
William J. Pierce, Lawrence J. Bugge
Michigan Law Review
A tribute to William J. Pierce
Interpreting Codes, Bruce W. Frier
Interpreting Codes, Bruce W. Frier
Michigan Law Review
Large systematically codified bodies of law, such as the European codes or the UCC, gradually effect, or at least encourage, a different kind of legal culture, in which, as such codes are integrated within a national legal heritage, general clauses and principles become more salient within an expanded interpretive community. Because of the open texture of their rules, codes foster an altered legal posture; ancient judicial vigilance against the intrusive legislation may give way to a new ethos of cooperation in the development of law. To be sure, it remains uncertain whether the resulting law will be, in fact, "better," …
Proposal For A Uniform Radar Speed Detection Act, Douglas M. Tisdale
Proposal For A Uniform Radar Speed Detection Act, Douglas M. Tisdale
University of Michigan Journal of Law Reform
This article traces the judicial treatment of radar, reviews statutory attempts to regulate radar usage, and proposes a uniform act as an effective and consistent approach to ensure the proper use of radar.