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- North Carolina Journal of International Law (17)
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Articles 1 - 30 of 74
Full-Text Articles in Law
Usury–Commitment Fees–Maybe Yes, Maybe No, But Not This Time, Michael E. Wheeler
Usury–Commitment Fees–Maybe Yes, Maybe No, But Not This Time, Michael E. Wheeler
University of Arkansas at Little Rock Law Review
No abstract provided.
Usury In Arkansas–Revisited, Revised And Reaffirmed, James E. Mitchell, W. Christopher Barrier
Usury In Arkansas–Revisited, Revised And Reaffirmed, James E. Mitchell, W. Christopher Barrier
University of Arkansas at Little Rock Law Review
No abstract provided.
"Doing Business": Defining State Control Over Foreign Corporations, William A. Holby
"Doing Business": Defining State Control Over Foreign Corporations, William A. Holby
Vanderbilt Law Review
This Note will attempt to analyze the present status of the term "doing business" or the substitute terminology used to define that level of activity sufficient to subject a foreign corporation to state control in a particular context.' After defining the degree of activity necessary to permit the state to exercise control in each context, this Note will analyze the accuracy and utility of using terminology such as "doing business" in describing whether corporate activity within a state is sufficient to permit state exercise of legislative or judicial jurisdiction. This Note concludes by pro-posing that use of such ambiguous language …
Taxation–Sale And Leaseback–Multiple Party Transaction With Economic Substance And Business Purpose Is Valid, Lane H. Strother
Taxation–Sale And Leaseback–Multiple Party Transaction With Economic Substance And Business Purpose Is Valid, Lane H. Strother
University of Arkansas at Little Rock Law Review
No abstract provided.
Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman
Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
Appealability Of District Court Orders Disapproving Proposed Settlements In Shareholder Derivative Suits, Harold N. Falls, Jr.
Appealability Of District Court Orders Disapproving Proposed Settlements In Shareholder Derivative Suits, Harold N. Falls, Jr.
Vanderbilt Law Review
This Recent Development will trace briefly the history of the collateral order doctrine, focusing on recent treatment by the Supreme Court. After an examination of the elements of a district court's decision to approve or disapprove a derivative suit settlement, the Recent Development will analyze the conflicting results reached by the United States Court of Appeals for the Second and Ninth Circuits in light of the Supreme Court's apparent retrenchment. Although finding that the Second Circuit's decision to reject appeal ability is most consistent with recent Supreme Court pronouncements, this Recent Development submits that the Supreme Court has adopted an …
The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart
The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart
Vanderbilt Law Review
This Note advocates judicial application of this tax analysis not only to tax environmental legislation, but also to regulatory environmental legislation. The theoretical justification for this thesis is provided by the economic concept of externalities. Externalities are elements used in the production of a marketed item without cost to the producer, but at a cost to others. The term "externality"stems from the fact that the use of the element of production is not included in the market price of the item. Undesirable environmental impact has been recognized as an externality -- a cost to those people adversely affected by it …
Customs Court Jurisdiction In International Trade Cases, Jonathan S. Brenner
Customs Court Jurisdiction In International Trade Cases, Jonathan S. Brenner
University of Michigan Journal of Law Reform
This article discusses the specific problems involved in Customs Court jurisdiction. After outlining in Part I these jurisdictional problems and the court's failure to deal with them, the article, in Part II, proposes an analytic framework that focusses attention on the relevant criteria for ascertaining Customs Court jurisdiction. This framework is built upon the exclusivity of Customs Court jurisdiction and exhaustion of the administrative review process. The distinct rights of importers and manufacturers are also discussed and the special problem of cases which do not meet the procedural prerequisites for Customs Court jurisdiction are explored. Finally, Part III of this …
Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation
Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
Patent Cooperation Treaty: A New Adventure In The Internationality Of Patents, Edward F. Mckie Jr.
Patent Cooperation Treaty: A New Adventure In The Internationality Of Patents, Edward F. Mckie Jr.
North Carolina Journal of International Law
No abstract provided.
The World Textile Multi-Fiber Arrangement: A Question Of Balance, Ernest C. Mclean Iii
The World Textile Multi-Fiber Arrangement: A Question Of Balance, Ernest C. Mclean Iii
North Carolina Journal of International Law
No abstract provided.
A Practitioner's Guide To The Tokyo Round Trade Negotiations, Thomas R. Graham
A Practitioner's Guide To The Tokyo Round Trade Negotiations, Thomas R. Graham
North Carolina Journal of International Law
No abstract provided.
The Edge Act: Will Recent Changes Give Banks With Interstate Subsidiaries An Edge In Domestic As Well As International Banking, Mary Patricia Azevedo
The Edge Act: Will Recent Changes Give Banks With Interstate Subsidiaries An Edge In Domestic As Well As International Banking, Mary Patricia Azevedo
North Carolina Journal of International Law
No abstract provided.
Recent Developments, North Carolina Journal Of International Law And Commercial Regulation
Recent Developments, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
At Sea With Schaffer V. Heitner: Grand Bahama Petroleum Co. V. Canadian Transport Agencies, Lawrence J. Tytla
At Sea With Schaffer V. Heitner: Grand Bahama Petroleum Co. V. Canadian Transport Agencies, Lawrence J. Tytla
North Carolina Journal of International Law
No abstract provided.
Letters Rogatory: Current Problems Facing International Judicial Assistance, Thomas Land Fowler
Letters Rogatory: Current Problems Facing International Judicial Assistance, Thomas Land Fowler
North Carolina Journal of International Law
No abstract provided.
Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor
Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor
Vanderbilt Law Review
This Special Project undertakes an examination of Justice Stevens' Supreme Court opinions in an effort to identify his philosophical orientations, to evaluate the consistency of his views, and to determine the extent to which he has developed workable analytical methods. To achieve these goals, Justice Stevens' opinions are examined in three contexts: first, the area of federal-state relations,including commerce clause and supremacy clause questions; second, the individual rights area, emphasizing criminal constitutional and first amendment issues, and problems of fifth and fourteenth amendment analysis; and third, questions concerning the proper role of the Supreme Court in the constitutional scheme. Even …
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
University of Arkansas at Little Rock Law Review
No abstract provided.
Computer Programs As Goods Under The U.C.C., Michigan Law Review
Computer Programs As Goods Under The U.C.C., Michigan Law Review
Michigan Law Review
This Note addresses the requirements for governing computer program contracts by article 2 of the U.C.C.: that the several methods of selling programs be "transactions in goods" and that the goods not be merely incidental to accompanying services. This Note concludes that contracts for program copies are, in most contexts, transactions within the scope of article 2.
Corporate Directors' Liability For Resisting A Tender Offer: Proposed Substantive And Procedural Modifications Of Existing State Fiduciary Standards, Oby T. Brewer, Iii
Corporate Directors' Liability For Resisting A Tender Offer: Proposed Substantive And Procedural Modifications Of Existing State Fiduciary Standards, Oby T. Brewer, Iii
Vanderbilt Law Review
This Note will review recent decisions applying state law fiduciary standards and will propose procedural and substantive modifications to existing standards. The proposed modifications will compel target directors to recognize and fulfill fiduciary obligations when faced with a decision whether or not to resist a tender offer.
U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson
U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson
William & Mary Law Review
No abstract provided.
The Ucc Framework: Conveyancing Principles And Property Interests, John F. Dolan
The Ucc Framework: Conveyancing Principles And Property Interests, John F. Dolan
Law Faculty Research Publications
No abstract provided.
Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan
Products Liability: Developments In The Rule Of Successor Liability For Product-Related Injuries, Mary Annette Horan
University of Michigan Journal of Law Reform
This article will briefly review the traditional principles of corporate law governing the assumption of liabilities in the acquisition of an ongoing business, and the doctrinal premises of strict products liability. Attention will then be critically directed to recent developments in case law in which the traditional rules have been modified to reflect the policy considerations of strict products liability. Finally, this article will discuss the possibility of legislative intervention in the development of new principles governing successor responsibility for products liability claims and propose that this problem is an appropriate subject for legislative rather than judicial action.
Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation
Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
International Sales Representative And Distributorship Agreements, Jon R. Bauman
International Sales Representative And Distributorship Agreements, Jon R. Bauman
North Carolina Journal of International Law
No abstract provided.
Tax Implications Of Exporting, Michael A. Henning
Tax Implications Of Exporting, Michael A. Henning
North Carolina Journal of International Law
No abstract provided.
Foreign Licensing And Joint Venture Agreements, Vincent D. Travaglini
Foreign Licensing And Joint Venture Agreements, Vincent D. Travaglini
North Carolina Journal of International Law
No abstract provided.
The Foreign Corrupt Practices Act Of 1977 And Commission Payments To Agents In Export Transactions, Edward E. Dyson
The Foreign Corrupt Practices Act Of 1977 And Commission Payments To Agents In Export Transactions, Edward E. Dyson
North Carolina Journal of International Law
No abstract provided.
The Pitfalls Of Making International Contracts, E. Allan Farnsworth
The Pitfalls Of Making International Contracts, E. Allan Farnsworth
North Carolina Journal of International Law
No abstract provided.