Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Commercial Law (81)
- Contracts (29)
- Supreme Court of the United States (19)
- Law and Economics (17)
- International Law (14)
-
- Social and Behavioral Sciences (14)
- Economics (13)
- Business Organizations Law (11)
- Comparative and Foreign Law (11)
- Banking and Finance Law (8)
- International Trade Law (8)
- Secured Transactions (8)
- Securities Law (8)
- Bankruptcy Law (7)
- Insurance Law (7)
- Property Law and Real Estate (7)
- Consumer Protection Law (6)
- Law and Society (6)
- Torts (6)
- Business (5)
- Dispute Resolution and Arbitration (5)
- Intellectual Property Law (5)
- Business Law, Public Responsibility, and Ethics (4)
- Litigation (4)
- Organizations Law (4)
- Transnational Law (4)
- Asian Studies (3)
- Computer Law (3)
- Courts (3)
- Institution
-
- William & Mary Law School (31)
- University of Georgia School of Law (11)
- Penn State Law (8)
- Cornell University Law School (7)
- American University Washington College of Law (6)
-
- University of Pennsylvania Carey Law School (6)
- BLR (4)
- University of Pittsburgh School of Law (4)
- Villanova University Charles Widger School of Law (4)
- Barry University School of Law (3)
- Pace University (3)
- Chicago-Kent College of Law (2)
- New York Law School (2)
- The University of Akron (2)
- University of Miami Law School (2)
- University of North Carolina School of Law (2)
- Boston University School of Law (1)
- Fordham Law School (1)
- Mitchell Hamline School of Law (1)
- Nova Southeastern University (1)
- Penn State Dickinson Law (1)
- Schulich School of Law, Dalhousie University (1)
- Singapore Management University (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Michigan Law School (1)
- University of New Mexico (1)
- University of San Diego (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Supreme Court Preview (19)
- Faculty Publications (12)
- All Faculty Scholarship (8)
- Faculty Scholarship (8)
- Journal Articles (8)
-
- LLM Theses and Essays (7)
- Articles in Law Reviews & Other Academic Journals (6)
- Articles (5)
- Scholarly Works (5)
- Working Paper Series (4)
- Cornell Law Faculty Working Papers (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Akron Law Faculty Publications (2)
- Articles & Chapters (2)
- Cornell Law School Inter-University Graduate Student Conference Papers (2)
- George Mason University School of Law Working Papers Series (2)
- Library Staff Publications (2)
- Articles, Book Chapters, & Popular Press (1)
- Book Chapters (1)
- Cornell Law Faculty Publications (1)
- Cornell Law School J.D. Student Research Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Scholarly Works (1)
- Law & Economics Working Papers Archive: 2003-2009 (1)
- Research Collection Yong Pung How School Of Law (1)
- Rutgers Law School (Newark) Faculty Papers (1)
- Supreme Court Case Files (1)
- The Ohio State University Moritz College of Law Working Paper Series (1)
- University of San Diego Law and Economics Research Paper Series (1)
Articles 1 - 30 of 110
Full-Text Articles in Law
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Research Collection Yong Pung How School Of Law
The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah
Book Chapters
In ‘U.S. Trade Policy, China and the WTO’, Nerina Boschiero addresses a key topic in contemporary international economic law and global governance. By focusing on a turning point in global politics and the shaping/framing of trade policy in the U.S.– the election of President Donald Trump sheds light on the tumultuous process of reshaping of global governance. The crisis of multilateralism has been discussed at length in academia and mainstream media. However, little attention has been paid to how the U.S. is reacting to the rise of China in the global order, in practical terms. In particular, focus …
Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato
Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato
Articles
Public ownership is closely bound to the need of the government to protect and guarantee the well-being of its citizens. Where the market cannot, or does not want to, provide goods and services, the State uses different tools to intervene, influence, and control some aspects of the private sphere of expression of its citizens in the name and interest of the collectivity. Although, in the past century, this behavior was accepted as one of the expressions of the public authority and part of the social contract, this perception has shifted partially in accordance with the wave of privatization programs initiated …
Stay In The Fight With Civility And Professionalism, David Spratt
Stay In The Fight With Civility And Professionalism, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Personal Property Security Law: International Ambitions And Local Realities, Giuliano G. Castellano, Andrea Tosato
Personal Property Security Law: International Ambitions And Local Realities, Giuliano G. Castellano, Andrea Tosato
All Faculty Scholarship
Personal property security law is a key element of “access to credit” and “financial inclusion”. The prevailing view is that a legal framework enabling the effective use of personal property as collateral markedly benefits both lenders and borrowers. Lenders can offer financing at a lower cost thanks to reduced credit risk; borrowers can access funding by leveraging the otherwise unavailable value of the assets integral to their operations.
Over the past century, the priorities of personal property security law have evolved fundamentally. As small and medium-sized enterprises (SMEs) and individual entrepreneurs have become the growth engine of both developed and …
Asset Partitioning And Financial Innovation, Christopher Bruner
Asset Partitioning And Financial Innovation, Christopher Bruner
Scholarly Works
Review of the article by Ofer Eldar and Andrew Verstein titled “The Enduring Distinction between Business Entities and Security Interests”, 92 Southern California Law Review, no. 2 (2019).
Reforming The True-Sale Doctrine, Heather Hughes
Reforming The True-Sale Doctrine, Heather Hughes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Contract Law's Predominant Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman
Contract Law's Predominant Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Commodifying Consumer Data In The Era Of The Internet Of Things, Stacy-Ann Elvy
Articles & Chapters
Internet of Things (“IOT”) products generate a wealth of data about consumers that was never before widely and easily accessible to companies. Examples include biometric and health-related data, such as fingerprint patterns, heart rates and calories burned. This Article explores the connection between the types of data generated by the IOT and the financial frameworks of Article 9 of the Uniform Commercial Code and the Bankruptcy Code. It critiques these regimes, which enable the commodification of consumer data, as well as laws aimed at protecting consumer data, such as the Bankruptcy Abuse Prevention and Consumer Protection Act, various state biometric …
Section 3: Business Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Rise Of The Digital Regulator, Rory Van Loo
Rise Of The Digital Regulator, Rory Van Loo
Faculty Scholarship
The administrative state is leveraging algorithms to influence individuals’ private decisions. Agencies have begun to write rules to shape for-profit websites such as Expedia and have launched their own online tools such as the Consumer Financial Protection Bureau’s mortgage calculator. These digital intermediaries aim to guide people toward better schools, healthier food, and more savings. But enthusiasm for this regulatory paradigm rests on two questionable assumptions. First, digital intermediaries effectively police consumer markets. Second, they require minimal government involvement. Instead, some for-profit online advisers such as travel websites have become what many mortgage brokers were before the 2008 financial crisis. …
Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber
Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber
Articles in Law Reviews & Other Academic Journals
The results of the 2016 presidential election and the efforts by the Trump administration to make sweeping changes to a wide range of federal policies have left communities across the country feeling overwhelmed and threatened. In its first year, the Trump administration has been working steadily to slash budgets for health care, housing, infrastructure, schools, and other public benefits that help low-income and middle-class Americans, while adopting policies and engaging in rhetoric that has made many immigrants, Muslims, people of color, and LGBTQ people feel increasingly vulnerable and marginalized.
The authors of this commentary run law clinics that provide pro …
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Contracting In The Age Of The Internet Of Things: Article 2 Of The Ucc And Beyond, Stacy-Ann Elvy
Contracting In The Age Of The Internet Of Things: Article 2 Of The Ucc And Beyond, Stacy-Ann Elvy
Articles & Chapters
This Article analyzes the global phenomenon of the Internet of Things (“IOT”) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT products include Amazon’s Dash Replenishment Service, which allows household devices to automatically reorder goods. By 2025, the IOT is estimated to have an economic impact of as much as $11.1 trillion. To date, there are approximately fifteen billion interconnected devices, and by 2020, there will be fifty billion such devices worldwide. IOT devices will revolutionize the way that consumers shop for consumable supplies and other goods. Consumers will no longer need to …
An Historical Overview Of Ucc Article 9, Peter Winship
An Historical Overview Of Ucc Article 9, Peter Winship
Faculty Journal Articles and Book Chapters
This book chapter traces the history of Article 9 (Secured Transactions) of the U.S. Uniform Commercial Code. After setting out the pre-1940 legal setting in the United States for the use of movable property in secured transactions, the chapter studies three stages in the evolution of Article 9: (1) the drafting of the first “official” text (1947-1951), (2) the continuing revision of the text and its slow adoption by states (1952-1990), and (3) the thorough-going revision that lead to the present 1998 official text and subsequent minor amendments (1990-present). The chapter notes the growing complexity of the text and the …
Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon
Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon
Faculty Scholarship
Traditional financing of innovative companies emphasizes the use of patents and associated intellectual property rights to secure debt and provide assets for valuation. Although the model suffices for incremental innovation, it does not account for investments in disruptive innovation, those that undermine traditional business models, supply chains or industry relationships.
Disruptive innovation can be described as the introduction of a new conceptual idea or meme into an existing system that causes the system to be fundamentally altered. Assembly lines, air conditioning, digital film, and personal computers represent such innovations, all of which led to fundamental paradigm shifts.
The convergence of …
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French
Journal Articles
Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …
Demystifying The Determination Of Foreign Law In U.S. Courts: Opening The Door To A Greater Global Understanding, Matthew J. Wilson
Demystifying The Determination Of Foreign Law In U.S. Courts: Opening The Door To A Greater Global Understanding, Matthew J. Wilson
Akron Law Faculty Publications
With globalization and the proliferation of international commercial interaction, U.S. courts commonly encounter issues governed by the laws of other sovereigns. These encounters arise by virtue of private agreements or choice-of-law rules covering contractual relationships, cross-border conduct, tortuous acts, employment matters, intellectual property rights, and various other legal foundations. Because the substantive law applied in an international lawsuit can be outcome-determinative, it is important to accurately ascertain and determine the relevant law. In fact, the proper functioning of private international law in a domestic system is based on the appropriate application of law.
U.S. federal and state courts are presumed …
The Subprime Market Roller Coaster, Willa E. Gibson
The Subprime Market Roller Coaster, Willa E. Gibson
Akron Law Faculty Publications
Please find attached an essay entitled “The Subprime Market Roller Coaster.” The essay discusses the economic and societal implications of the subprime market losses with an emphasis on the federal regulators’ inability to curtail such losses. It discusses collateralized mortgage obligations and how these debt securities fueled the subprime market. The essay discusses how each of the players – lenders, debtors, investment bankers, securities firms and investors – speculated on homes whose values were a mere illusion. It describes how each party along the chain starting with the lender used basic risk-shifting principles to engage in reckless speculation assuming they …
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Aftermath Of Catastrophes: Valuing Business Interruption Insurance Losses, Chris French
The Aftermath Of Catastrophes: Valuing Business Interruption Insurance Losses, Chris French
Journal Articles
With the onslaught of tornadoes, hurricanes, and floods in recent years, business interruption losses have been staggering. Many businesses do not survive such catastrophes. Even business owners that purchased business interruption insurance, which is intended to ensure that a business’s revenue stream continues during an interruption in its operations, often find that their insurers have dramatically different views regarding the amount of the losses that should be reimbursed. The reason for this disparity in views is that the loss valuation provisions in business interruption insurance policies provide very little guidance regarding how business interruption losses should be calculated. Thus, disputes …
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein
All Faculty Scholarship
The market for public-private contracting is huge and flawed. Public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap. It considers how economic analysis of contract law, in particular efficiency theory and agency theory, bear upon the unique problems of public-private …
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Segmented Settlements Are Not The Answer: A Response To Professor Squire’S Article, How Collective Settlements Camouflage The Costs Of Shareholder Lawsuits, Christopher C. French
Journal Articles
In his recent article, Professor Richard Squire offers a provocative theory in which he claims the underlying claimants in shareholder litigation against corporate policyholders are overcompensated due to what he describes as “cramdown” settlements, under which insurers are forced to settle due to the “duty to contribute” that arises under multi-layered directors and officers (“D&O”) insurance programs. He also offers a novel idea regarding how this problem could be fixed by what he refers to as “segmented” settlements in which each insurer and the policyholder would be allowed to settle separately and consider only its own interests in doing so. …
Redefining Offer In Contract Law, Daniel P. O'Gorman
Redefining Offer In Contract Law, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
The “Ensuing Loss” Clause In Insurance Policies: The Forgotten And Misunderstood Antidote To Anti-Concurrent Causation Exclusions, Chris French
Journal Articles
As a result of the 1906 earthquake and fire in San Francisco which destroyed the city, a clause known as the “ensuing loss” clause was created to address concurrent causation situations in which a loss follows both a covered peril and an excluded peril. Ensuing loss clauses appear in the exclusions section of such policies and in essence they provide that coverage for a loss caused by an excluded peril is nonetheless covered if the loss “ensues” from a covered peril. Today, ensuing loss clauses are found in “all risk” property and homeowners policies, which cover all losses except for …
Debunking The Myth That Insurance Coverage Is Not Available Or Allowed For Intentional Torts Or Damages, Christopher French
Debunking The Myth That Insurance Coverage Is Not Available Or Allowed For Intentional Torts Or Damages, Christopher French
Journal Articles
Over the years, a myth has developed that insurance coverage is not available or allowed for intentional injuries or damage. This myth has two primary bases: one, the “fortuity” doctrine, which provides that insurance should only cover losses that happen by chance; and two, public policy, which allegedly disfavors allowing insurance for intentional injuries or damage. This article dispels that myth. Many types of liability insurance policies expressly cover intentional torts including trademark infringement, copyright infringement, invasion of privacy, defamation, disparagement, and improper employment practices such as discrimination. In addition, punitive damages, which typically are awarded for intentional misconduct, are …
The American Commercial Religion, Haider Ala Hamoudi
The American Commercial Religion, Haider Ala Hamoudi
Articles
To all but possibly the most senior of commercial law specialists, it is difficult to imagine American commercial life without the nationwide adoption of the Uniform Commercial Code. We would surely regard as impossible the idea that the vast economic success of the latter half of the twentieth century could have been achieved without it. The Uniform Commercial Code is our godhead, our sacred foundational document, our Holy Book of modern commerce, which brought us a form of economic enlightenment from the pre-Code Days of Ignorance. Our attachment to the U.C.C. runs far deeper than a mere rational commercial preference. …
Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley
Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Penalty Clauses And The Cisg, Jack Graves
Penalty Clauses And The Cisg, Jack Graves
Scholarly Works
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …
Share Transfer Restrictions In Close Corporations As Mechanisms For Intelligible Corporate Outcomes, Stephen J. Leacock
Share Transfer Restrictions In Close Corporations As Mechanisms For Intelligible Corporate Outcomes, Stephen J. Leacock
Faculty Scholarship
No abstract provided.