Commercial Law Commons^™

A Call For A New Special Study Of The Securities And Financial Markets, Stanley Sporkin

Maryland Law Review

No abstract provided.

Sec Nonacquiescence In Judicial Decisionmaking: Target Company Disclosure Of Acquisition Negotiations, Douglas M. Branson

Maryland Law Review

No abstract provided.

State Disclosure Regulation And The Allocation Of Regulatory Responsibilities, Mark A. Sargent

Maryland Law Review

No abstract provided.

Mandatory Disclosure Theory And Management Projections: A Law And Economics Perspective, Roger J. Dennis

Maryland Law Review

No abstract provided.

The Measure Of Damages Under Section 10(B) And Rule 10b-5, Ronald B. Lee

Maryland Law Review

No abstract provided.

Bank's Right To Charge-Back In New York: A Brief Look At § 4-212, Richard E. Weiner

Touro Law Review

No abstract provided.

A Walk Through The Circuits: The Duty To Disclose Soft Information, Janet E. Kerr

Maryland Law Review

No abstract provided.

Duty To Correct: A Suggested Framework, F. Philip Manns Jr.

Maryland Law Review

No abstract provided.

Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert

University of Richmond Law Review

It has been a fairly busy year for Commercial Law in Virginia courts, but not in the legislature. This may not last; there are already legislative efforts underway to extend the coverage of Virginia's Uniform Commercial Code (the "Code") to electronic fund transfers and personal property leasing. If those efforts are successful, the General Assembly will soon have on its hands the considerable task of evaluating the first major overhaul of the Code in a decade.

Issuer Affirmative Disclosure Obligations - An Analytical Framework For Merger Negotiations, Soft Information, And Bad News, Marc I. Steinberg, Robin M. Goldman

Maryland Law Review

No abstract provided.

Rumor Control And Disclosure Of Merger Negotiations Or Other Control-Related Transactions: Full Disclosure Or "No Comment"-The Only Safe Harbors, Thomas Lee Hazen

Maryland Law Review

No abstract provided.

Disclosure Of Preliminary Merger Negotiations - Truth Or Consequences?, Daniel L. Goelzer

Maryland Law Review

No abstract provided.

Who's Suing Who? A Commentary On Investment Bankers And The Misappropriation Theory, Manning Gilbert Warren Iii

Maryland Law Review

No abstract provided.

Illinois' New Second Generation, Second Step Takeover Amendment: Continuing The Trend Of States' Takeover Regulations, 21 J. Marshall L. Rev. 87 (1987), Valerie Ann Hall

UIC Law Review

No abstract provided.

Poison Pill: A Panacea For The Hostile Corporate Takeover, 21 J. Marshall L. Rev. 107 (1987), Robert C. Micheletto

UIC Law Review

No abstract provided.

Generic Fraud And The Uniform Fraudulent Transfer Act, Peter A. Alces

Faculty Publications

No abstract provided.

The United States-Canadian Automotive Trading Relationship And The Legality Of The Canadian Duty Remission Program, David A. Cohen

Syracuse Journal of International Law and Commerce

The automotive industry influences the entire U.S. economy. This huge industrial structure directly affects over four million jobs in the United States. In terms of foreign trade in 1985, the United States exported approximately $6 billion worth of new passenger cars to foreign nations; 96 percent of those automobiles went to Canada. This is an illustration of the U.S. automotive industry's direct interest in the U.S.-Canadian trading relationship, and the desire to obtain the potential benefits of a "broadened trading relationship" between the two countries. Presently, the United States and Canada have a unique dutyfree automotive trading arrangement which is …

Conflict And Cooperation In Long-Term Contracts, Robert E. Scott

Faculty Scholarship

This Article uses the techniques of modern decision analysis and game theory to analyze the decisionmaking strategies of parties to long-term commercial contracts. Most parties to long-term contracts initially allocate the risks of future contingencies and agree – either explicitly or implicitly – to adjust this initial risk-allocation scheme if unanticipated events occur. Once contract risks are initially distributed, however, each party's self-interest may compel them to evade their responsibility rather than adjust cooperatively as originally agreed. Visualizing the interactions between contracting parties as an iterated prisoner's dilemma, the Author attempts to clarify the dynamics of this adjustment process. Professor …

International Terrorism And The Problem Of Jurisdiction, Sompong Sucharitkul

Syracuse Journal of International Law and Commerce

Problems of pluri-dimensional complexity of definition, classification and norm-formulation converge in any meaningful endeavor to explore practical measures to prevent, preempt or otherwise to discourage and suppress acts of terrorism on an international scene. The present study is devoted to the treatment of only one of these problems, namely, the problem of jurisdiction. This problem presents itself in more than one connection. To ensure proper appreciation of the nature and scope of the multi-faceted problem of jurisdiction in the context of international terrorism, preliminary attention is focused on the need to adopt a balanced approach to the basic notion of …

Developing Countries Are Undermining Corporate America's Capacity To Market Its Creativity: A Call For A Reasoned Solution By The United States Government In Light Of The Continuing Deterioration Of The International Trademark System., Raymer Mcquiston

Syracuse Journal of International Law and Commerce

There is a growing crisis among international trademark owners over the protection afforded international trademarks in developing countries. American companies face increasingly restrictive foreign barriers on trademark use.

The End To Unilateral U.S. Action In Latin America: A Call For Expanding The Role Of O.A.S., David A. Rikard

Syracuse Journal of International Law and Commerce

Nevertheless, due to the threat of general warfare in Central

America, fears of "Revolution Without Borders," and perceived threats to national security interests, the United States may feel that it has no alternative but to continue its already expanding involvement in this region.

This Note advocates the establishment of a multi-national police force, organized under the auspices of the organization of American States. Such a force should preclude the perceived need for unilateral U.S. action, and could be utilized without violating international laws prohibiting intervention.

Abandoning The Deference Rule In Itc Interpretations Of The Antidumping Duty Law, Kevin C. Kennedy

Syracuse Journal of International Law and Commerce

In this article, I undertake a similar review of three recent Federal Circuit opinions involving an interpretation of the antidumping duty statute by the U.S. International Trade Commission (ITC). In two instances,7 the CAFC upheld the ITC's statutory interpretation of the antidumping duty law; in the third decision, the court rejected the ITC's view. In this article, I argue that in the two cases where the Federal Circuit sustained the ITC's interpretation of the antidumping duty law, the court conducted an independent review, notwithstanding its purported deference to the Commission's expertise. In the third case, Bingham & Taylor Div., Virginia …

Editor's Comment, Peter H. Sennett

Syracuse Journal of International Law and Commerce

Entering our fifteenth year, the Journal would like to thank all those who have served before us, as well as the College of Law administration, for their continued support. Also, we would like to extend special recognition to our alumni author, Joseph J. Wielebinski, who devoted his time and professional expertise to contribute to this edition. It is my belief that with such support, the Journal will continue to grow and provide a valuable experience for students while serving the legal community.

Profile Of A Terrorist: Distinguishing Freedom Fighters From Terrorists, L. F. E. Goldie

Syracuse Journal of International Law and Commerce

As the terrorist becomes increasingly internationalized, he becomes more the enemy of all mankind than at any previous time. In this process, states are seeking everwidening bases for exercising their jurisdiction in their pursuit of security and the implementation of punishment for indiscriminate killing and injury. This paper will review and advocate developments in this search for a universal or near-universal jurisdiction against a crime which once was seen as consecrated to patriotism but which is now seen as an inhuman, anarchistic act having, possibly, its own twisted validity for its perpetrator but, in truth, being perpetrated against all mankind.

Israeli Human Rights Violations And Palestinian Violence, Shaw J. Dallal

Syracuse Journal of International Law and Commerce

This article will attempt to show that scrupulous adherence by both Israel and the United States to principles of international and U.S. law could be a major step in the resolution of the Palestinian- Israeli conflict. It will also attempt to show that the implementation of internationally recognized principles of human rights could reduce terrorism and violence in the region.

Preventing Billions From Being Washed Offshore: A Growing Approach To Stopping International Drug Trafficking, Andrea M. Grilli

Syracuse Journal of International Law and Commerce

Many of the approaches to stopping the growth of the drug problem have been based on two conflicting theories centered around supply and demand concepts. The United States, in supporting a supply-based approach, has aimed many of its drug programs toward the eradication of the narcotics trade, mainly in marijuana, cocaine and heroin, at the source, mostly Third World countries. The drug-producing countries, however, advocate a demand- oriented solution where the objective is to wipe out demand by rehabilitating drug users, thus eliminating the need for the supply. A third solution is now emerging, one that focuses on another aspect …

The Sec And The Courts' Approach To Disclosure Of Earnings Projections, Asset Appraisals, And Other Soft Information: Old Problems, Changing Views , Bruce A. Hiler

Maryland Law Review

No abstract provided.

Debtor Name Changes And Collateral Transfers Under 9-402(7): Drafting From The Outside-In, F. Knippenberg

F. Stephen Knippenberg

No abstract provided.

Consulting Editor: Selected Law Cases, 1784-1800, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

The Article 9 Filing Rules: Certainty, By No Means, A 'Sure Thing', Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.