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1985

Commercial Law

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Articles 1 - 30 of 82

Full-Text Articles in Law

Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian Dec 1985

Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian

Michigan Law Review

This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulting from its own defect should not be recoverable by a commercial buyer in a tort action. Part I shows how the conflict arises and examines the judicial boundaries that are normally drawn between tort and warranty liability. Part II contrasts the rationales for the warranty and tort remedies, with particular emphasis on the Uniform Commercial Code and Section 402A of the Restatement (Second) of Torts. Part III argues that if a seller and a commercial buyer are in privity and …


Usury's Intent Requirement: Should There Be A Good Faith Defense?, Todd F. Maynes Nov 1985

Usury's Intent Requirement: Should There Be A Good Faith Defense?, Todd F. Maynes

BYU Law Review

No abstract provided.


Rights And Obligations Of Buyers With Respect To Goods In Their Possession After Rightful Rejection Or Juvenile Revocation Of Acceptance, R. J. Robertson Jr. Oct 1985

Rights And Obligations Of Buyers With Respect To Goods In Their Possession After Rightful Rejection Or Juvenile Revocation Of Acceptance, R. J. Robertson Jr.

Indiana Law Journal

No abstract provided.


The Tender Offer Regulation Battle Continues: Should States Regulate Only Local Companies?, Phyllis E. Grimm Oct 1985

The Tender Offer Regulation Battle Continues: Should States Regulate Only Local Companies?, Phyllis E. Grimm

Indiana Law Journal

No abstract provided.


Leveraged Buyouts In Bankruptcy, David G. Carlson Oct 1985

Leveraged Buyouts In Bankruptcy, David G. Carlson

Articles

No abstract provided.


Statutory Liens On Vessels In Washington: When Does State Law Govern Liens On Blackship?, Lynn B. Squires Sep 1985

Statutory Liens On Vessels In Washington: When Does State Law Govern Liens On Blackship?, Lynn B. Squires

Washington Law Review

The Washington Supreme Court has recently ruled that the federal Maritime Lien Act preempts state lien law. In Farwest Steel Corp. v. DeSantis, the court held, specifically, that the Maritime Lien Act preempts the state chattel lien and "boat lien" statutes. While the Farwest Steel holding seems to state the obvious, the limits of federal preemption are far from clear. Federal law does not allocate all of the risks involved in building, outfitting, financing, servicing, repairing, and retiring Blackship. The statutes "preempted" in Farwest Steel still provide the only available law for many transactions involving Blackship in Washington. …


Statutory Liends On Vessels In Washington: When Does State Law Govern Liens On Blackship?, Lynn B. Squires Sep 1985

Statutory Liends On Vessels In Washington: When Does State Law Govern Liens On Blackship?, Lynn B. Squires

Washington Law Review

The Washington Supreme Court has recently ruled that the federal Maritime Lien Act preempts state lien law. In Farwest Steel Corp. v. DeSantis, the court held, specifically, that the Maritime Lien Act preempts the state chattel lien and "boat lien" statutes. While the Farwest Steel holding seems to state the obvious, the limits of federal preemption are far from clear. Federal law does not allocate all of the risks involved in building, outfitting, financing, servicing, repairing, and retiring Blackship. The statutes "preempted" in Farwest Steel still provide the only available law for many transactions involving Blackship in Washington. The major …


Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation Jul 1985

Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.


Import/Customs Regulation Of Computer Technology, Dexter Kenfield, Eric G. Woodbury Jul 1985

Import/Customs Regulation Of Computer Technology, Dexter Kenfield, Eric G. Woodbury

North Carolina Journal of International Law

No abstract provided.


Software Escrow In Bankruptcy: An International Perspective, John M. Conley, Robert M. Bryan Jul 1985

Software Escrow In Bankruptcy: An International Perspective, John M. Conley, Robert M. Bryan

North Carolina Journal of International Law

No abstract provided.


Protection Of Intellectual Propert - Patent, Copyright, And Trade Secret Law In The United States And Abroad, Andrew G. Rodau Jul 1985

Protection Of Intellectual Propert - Patent, Copyright, And Trade Secret Law In The United States And Abroad, Andrew G. Rodau

North Carolina Journal of International Law

No abstract provided.


Export Licensing Of Computer Equipment And Technology - A Practitioner's Perspective, Benjamin H. Flowe Jr. Jul 1985

Export Licensing Of Computer Equipment And Technology - A Practitioner's Perspective, Benjamin H. Flowe Jr.

North Carolina Journal of International Law

No abstract provided.


Recent Development, North Carolina Journal Of International Law And Commercial Regulation Jul 1985

Recent Development, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.


Regan V. Wald: Expansion Of Authority Under The International Emergency Economic Powers Act, Jane E. Gwiner Jul 1985

Regan V. Wald: Expansion Of Authority Under The International Emergency Economic Powers Act, Jane E. Gwiner

North Carolina Journal of International Law

No abstract provided.


Copyright Protection For Computer Programs In Object Code In Rom, Andrew Cogdell Jul 1985

Copyright Protection For Computer Programs In Object Code In Rom, Andrew Cogdell

North Carolina Journal of International Law

No abstract provided.


Star Wars Meets The Abm Treaty: The Treaty Termination Controvesy, Mark Anderson Finklestein Jul 1985

Star Wars Meets The Abm Treaty: The Treaty Termination Controvesy, Mark Anderson Finklestein

North Carolina Journal of International Law

No abstract provided.


Software Protection In The International Marketplace, J. B. Taphorn Jul 1985

Software Protection In The International Marketplace, J. B. Taphorn

North Carolina Journal of International Law

No abstract provided.


The Razor's Edge: The Doctrine Of Forum Non Conveniens And The Union Carbide Methyl Isocyanate Gas Disaster At Bhopal, India, Charles Thelen Plambeck Jul 1985

The Razor's Edge: The Doctrine Of Forum Non Conveniens And The Union Carbide Methyl Isocyanate Gas Disaster At Bhopal, India, Charles Thelen Plambeck

North Carolina Journal of International Law

No abstract provided.


Limited Partnership Control: A Reexamination Of Creditor Reliance, R. Kurt Wilke Jul 1985

Limited Partnership Control: A Reexamination Of Creditor Reliance, R. Kurt Wilke

Indiana Law Journal

No abstract provided.


The Second Death Of Federalism, William W. Van Alstyne Jun 1985

The Second Death Of Federalism, William W. Van Alstyne

Michigan Law Review

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.


Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray May 1985

Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray

BYU Law Review

No abstract provided.


Parallell Importation Of Copyrighted Phonorecords, William C. Tyson, Robert P. Paker Apr 1985

Parallell Importation Of Copyrighted Phonorecords, William C. Tyson, Robert P. Paker

North Carolina Journal of International Law

No abstract provided.


International Extradition In Drug Cases, Steven A. Bernholz, Martin J. Bernholz, G. Nicolas Herman Apr 1985

International Extradition In Drug Cases, Steven A. Bernholz, Martin J. Bernholz, G. Nicolas Herman

North Carolina Journal of International Law

No abstract provided.


Michelin Tire Corp. V. United States: Fine Tuning The Valuation Process In Coutervailing Duty Assessments, David A. Spuria Apr 1985

Michelin Tire Corp. V. United States: Fine Tuning The Valuation Process In Coutervailing Duty Assessments, David A. Spuria

North Carolina Journal of International Law

No abstract provided.


Sumitomo Shoji America, Inc. V. Avagliano: Does Title Vii Trump The Treaty, John Bruce Sternlight Apr 1985

Sumitomo Shoji America, Inc. V. Avagliano: Does Title Vii Trump The Treaty, John Bruce Sternlight

North Carolina Journal of International Law

No abstract provided.


The Hague Convention Of The Civil Aspects Of International Child Abduction: The Need For Ratification, Barbara R. Morgenstern Apr 1985

The Hague Convention Of The Civil Aspects Of International Child Abduction: The Need For Ratification, Barbara R. Morgenstern

North Carolina Journal of International Law

No abstract provided.


Protecting A U.S. Debtor's Assets In International Bankruptcy: A Survey And Proposal For Reciprocity, Timothy E. Powers, Rona R. Mears Apr 1985

Protecting A U.S. Debtor's Assets In International Bankruptcy: A Survey And Proposal For Reciprocity, Timothy E. Powers, Rona R. Mears

North Carolina Journal of International Law

No abstract provided.


How Much Immunity For International Organizations: Mendara V. World Bank, Frances Wright Henderson Apr 1985

How Much Immunity For International Organizations: Mendara V. World Bank, Frances Wright Henderson

North Carolina Journal of International Law

No abstract provided.


The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy Apr 1985

The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy

North Carolina Journal of International Law

No abstract provided.


Regulation Of Critical Technologies Under The Export Administration Act Of 1979 And The Proposed Export Administration Amendments Of 1983: American Business Versus National Security, Steven D. Overly Apr 1985

Regulation Of Critical Technologies Under The Export Administration Act Of 1979 And The Proposed Export Administration Amendments Of 1983: American Business Versus National Security, Steven D. Overly

North Carolina Journal of International Law

No abstract provided.