Commercial Law Commons^™

Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen

Scholarly Works

Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor. Moe assigns his right first to Faye and then to Clay. Whom must Mae pay, Faye or Clay? For more than a century, judges have struggled with successive assignments to different persons of the same contract right. These cases which typically involve rights to monetary payments called "accounts" have generated subtleties of doctrine and disagreements among courts. Today, as a general rule, the Uniform Commercial Code controls these cases. Ambiguities, however, lurk in the code. Cryptic common-law doctrines also continue to govern many successive-assignment problems. …

Untenable Status Of Corporate Governance Listing Standards Under The Securities Exchange Act, Douglas C. Michael

Law Faculty Scholarly Articles

United States securities markets operate under a system of supervised self-regulation created by the Securities Exchange Act of 1934 (Exchange Act). That system includes substantive regulation of the traders and the issuers of securities traded in those markets through the use of listing standards.

These listing standards have a unique status. They are part of a self-regulatory system, but are not classic self-regulation. The markets do not govern the traders of which it consists; rather, it governs outsiders—the issuers. The markets and the Securities and Exchange Commissions have sought to control issuers in ways not clearly related to trading in …

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

The Article 9 Study Committee Report: Strong Signals And Hard Choices, (With C. Mooney, Jr.). , Steven L. Harris

All Faculty Scholarship

No abstract provided.

Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

1991 Revisions To Articles 3 And 4 Of The Uniform Commercial Code, Timothy Fisher

Faculty Articles and Papers

No abstract provided.

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

This article reviews recent case law and related developments under Articles 1, 2, 6 and 7 of the Uniform Commercial Code (U.C.C. or Code).

A Theoretic Analysis Of Corporate Auctioneers Liability Regimes, Randall Thomas, Robert G. Hansen

Vanderbilt Law School Faculty Publications

In Schneider v. Lazard Freres & Co. a New York appellate court greatly expanded the liability of investment advisers working as corporate auctioneers. Under this new legal regime, auctioneer/advisers accused of simple negligence are exposed to billions of dollars of potential legal liabilities. This article first reviews the existing law covering auctioneer/advisers and shows that the Schneider decision conflicts with the law governing general auctioneers and with the law governing the role of advisers and directors during the sale of the corporate control. Next, using an auction-theoretic framework, this Article shows that Schneider will likely result in: (1) increased indemnification …

But The Proposed Uniform Commercial Code Was Adopted Is The Ucc Dead, Or Alive And Well, Carl Felsenfeld

Faculty Scholarship

The oldest living resident may recognize that the title above is de- rived from an article written by Professor Frederick K. Beutel of the Yale Law School, which appeared in the 1952 Yale Law Journal. Professor Beutel began his article by stating that the UCC should not be adopted and concluded by advising that it would "mark the beginning of the end of fairness and uniformity in the commercial law." Beutel's advice was not taken, and, with relatively modest modifications, the UCC has been adopted in all states. This Essay investigates whether Professor Beutel's concerns were justified.

Debt-Equity Conversions, Debt-For-Nature Swaps, And The Continuing World Debt Crisis, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Good Faith In English Law, Howard Hunter

Research Collection Yong Pung How School Of Law

'Good faith' is a term often used but rarely defined or analysed with care. In this short volume O'Connor has undertaken a formidable task: the development of a general principle of good faith that is applicable throughout English law. He begins with a proposed definition and then proceeds through brief analyses of the good faith concept in six areas of the law (administrative law, contracts, company law, criminal law, torts, trusts and property). He makes a quick excursion across the Channel to consider the civil law approach to the principle of good faith and then concludes with a chapter devoted …

State Regulation Of Commerce (Update), Donald H. Regan

Book Chapters

In the period covered by this supplementary article, the Supreme Court has decided a case or two a year on state regulation of commerce. Considered individually, none of the cases through mid-1989 seems destined to become a landmark in DORMANT COMMERCE CLAUSE doctrin. Collectively, however, the cases may indicate a decreasing emphasis on "balencing" and an increasing focus on preventing states from intentionally discriminating against out-of-state interests.