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Series

1996

Commercial Law

Institution
Keyword
Publication

Articles 1 - 22 of 22

Full-Text Articles in Law

Section 4: Business, Commerce, Property, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1996

Section 4: Business, Commerce, Property, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers Jun 1996

Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers

Boston College Law School Faculty Papers

No abstract provided.


On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch Jan 1996

On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch

Law Faculty Publications

This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by ...


An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall Jan 1996

An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall

LLM Theses and Essays

Due to sanctions imposed against South Africa’s Apartheid government, the South African economy suffered as little international investment was made in the country. With these sanctions lifted following the democratic elections of 1994, South Africa is now an alluring country for international investment. Despite this attractiveness, U.S. corporations face many legal concerns before entering the South African economy. An analysis of these issues is made in the context of American and South African law with solutions proposed in an effort to avoid deterring foreign investment. These concerns include political and non-economic risks that often hinder investment in the ...


As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship Jan 1996

As The World Turns: Revisiting Rudolf Schlesinger's Study Of The Uniform Commercial Code In The Light Of Comparative Law, Peter Winship

Faculty Scholarship

Problems of commercial law are apt to be similar or at least comparable in all commercial countries, so that in this field, perhaps more than in any other, foreign experience is likely to be instructive. As was said by a leading English scholar, "The value of comparative investigation of commercial law is so obvious as to make it unnecessary to labour the point."


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

Other Publications

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

Other Publications

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?


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

Other Publications

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


Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp Jan 1996

Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The Senate hearings considering Elena Kagan’s Supreme Court nomination called new attention to the Constitution's Commerce Clause. That concern might seem odd, given the typical lack of strong grassroots concern over the commerce power. But the 2010 election year is different. One characteristic of the largely conservative "Tea Party" movement is a wish to roll back Constitutional time to the regime envisioned by its founders. As the New York Times reported in early July, 2010, members of the movement believe that the “commerce clause in particular has been pushed beyond recognition.” Members of the movement imagine that Congressional ...


Rights Of Subrogation In Letters Of Credit Transactions, James J. White Jan 1996

Rights Of Subrogation In Letters Of Credit Transactions, James J. White

Articles

The past twenty years have seen more than a dozen cases, in which parties to letter of credit transactions have sought subrogation to the rights of the person they have paid or to the rights of the persons on behalf of whom, they have acted.' The most obvious case arises when the issuer of a standby letter of credit pays a beneficiary on a debt that is owed to the beneficiary by a bankrupt applicant. Having failed to take 'collateral from the applicant, the issuer seeks to be subrogated to the security interest of the beneficiary. Failing subrogation, the issuer ...


Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray Jan 1996

Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray

Articles

This is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994.


International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala Jan 1996

International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala

Faculty Publications

No abstract provided.


Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne Jan 1996

Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne

Faculty Publications

No abstract provided.


Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas Jan 1996

Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas

Articles & Chapters

No abstract provided.


Accommodating Spouses: Regulation B And Revised Article 3-The Suretyship Law Complication, Sarah Howard Jenkins Jan 1996

Accommodating Spouses: Regulation B And Revised Article 3-The Suretyship Law Complication, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.


Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates., Vincent D. Rougeau Jan 1996

Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates., Vincent D. Rougeau

Boston College Law School Faculty Papers

No abstract provided.


The Ali Principles Of Corporate Governance Compared With Georgia Law - Continued, The Special Contribution, Marjorie F. Knowles, Colin Flannery Jan 1996

The Ali Principles Of Corporate Governance Compared With Georgia Law - Continued, The Special Contribution, Marjorie F. Knowles, Colin Flannery

Faculty Publications By Year

No abstract provided.


A Call For International Legal Standards For Emerging Retail Electronic Payment Systems, Sarah Jane Hughes Jan 1996

A Call For International Legal Standards For Emerging Retail Electronic Payment Systems, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.


Municipal Securities Market: Same Problems -- No Solutions, Ann Judith Gellis Jan 1996

Municipal Securities Market: Same Problems -- No Solutions, Ann Judith Gellis

Articles by Maurer Faculty

This article examines the existing regulations of the municipal securities market, focusing on what activities prompted the regulatory changes and analyzing the direction and efficacy of these regulations in terms of the deficiencies in the market. Part One gives a background sketch of the market and its participants from the time of the New York City fiscal crises to today. Part Two discusses whether the existing regulation is sufficient to produce disclosure, focusing on the Orange County crises. Part Three offers a critique of the current regulatory scheme and makes some suggestions for reform.


Remedies Available For Breach Of Contract Under The Un Convention On Contracts For The International Sale Of Goods, Locknie Hsu Jan 1996

Remedies Available For Breach Of Contract Under The Un Convention On Contracts For The International Sale Of Goods, Locknie Hsu

Research Collection School Of Law

This article, which is complementary to the previous one [(1996) 8 SAcLJ 104], examines in detail the remedies available under the UN Convention on Contracts for the International Sale of Goods, which recently came into force in Singapore. Where appropriate, brief comparisons are made with the remedies available under the Sale of Goods Act.


Chilean Consumer Protection Standards And The United Nations Guidelines On Consumer Protection: A Comparative Study Revealing Regional Conflicts, Robert Vaughn Jan 1996

Chilean Consumer Protection Standards And The United Nations Guidelines On Consumer Protection: A Comparative Study Revealing Regional Conflicts, Robert Vaughn

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates, Vincent D. Rougeau Jan 1996

Rediscovering Usury: An Argument For Legal Controls On Credit Card Interest Rates, Vincent D. Rougeau

Journal Articles

No abstract provided.