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Articles 1 - 19 of 19

Full-Text Articles in Legal History

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post Mar 2016

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.


Preface To The Gateway Thread, Deborah Post Mar 2016

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.


Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh Mar 2016

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel Mar 2016

Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel

Touro Law Review

No abstract provided.


Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon Mar 2016

Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon

Touro Law Review

No abstract provided.


Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley Mar 2016

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.


Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers Mar 2012

Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers

Pepperdine Dispute Resolution Law Journal

This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas ...


An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers Oct 2011

An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers

James S. Rogers

As practices change, so too must the language and concepts that define and describe them. That is the lesson to be drawn from the past few decades’ work on the commercial law of investment securities. Article 8 is the first article of the Uniform Commercial Code to reach a third generation. There is the original version, the 1978 version, and now the 1994 version. The original version was based on the traditional system in which buyers and sellers effected transfer of securities by physical delivery of certificates. The 1978 version added new provisions dealing with “uncertificated securities.” Then the 1994 ...


Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher Oct 2011

Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher

Dave De ruysscher

In this contribution it is demonstrated how in the seventeenth and eighteenth centuries Dutch rules concerning negotiable credit instruments (i.e., bills obligatory to bearer and bills of exchange) transformed financial law throughout the European continent. The Antwerp and Amsterdam authorities devised precepts of law on such issues that went against substantial principles of the academic ius commune. In the course of the seventeenth century, the former’s success brought about their insertion into financial legislation of German cities. This phenomenon came along with a new comparative approach of legislators in the whole of Europe, which was typical of that ...


Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher Dec 2008

Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher

Dave De ruysscher

During the seventeenth and eighteenth centuries, the urban law of Antwerp that had been written down in a 1582 law book influenced the law of the city of Amsterdam. Although the Antwerp law has often been considered as the law in force in the Amstel city in that period, its role was actually more limited. At the end of the sixteenth century and during the first half of the seventeenth century, sections contained in the 1582 Antwerp compilation were used by the Amsterdam judges as common and subsidiary applicable rules for certain commercial issues. Later on, as the Amsterdam legislator ...


Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher Jan 2008

Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher

Dave De ruysscher

In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.


From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs Jan 2006

From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs

Faculty Scholarship

Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant. " This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a transnational law of their own creation. The standard ...


An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers Jan 1995

An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers

Boston College Law School Faculty Papers

As practices change, so too must the language and concepts that define and describe them. That is the lesson to be drawn from the past few decades’ work on the commercial law of investment securities. Article 8 is the first article of the Uniform Commercial Code to reach a third generation. There is the original version, the 1978 version, and now the 1994 version. The original version was based on the traditional system in which buyers and sellers effected transfer of securities by physical delivery of certificates. The 1978 version added new provisions dealing with “uncertificated securities.” Then the 1994 ...


From Holt And Mansfield To Story To Llewellyn And Mentschikoff: The Progressive Development Of Commercial Law, Charles A. Bane Sep 1983

From Holt And Mansfield To Story To Llewellyn And Mentschikoff: The Progressive Development Of Commercial Law, Charles A. Bane

University of Miami Law Review

No abstract provided.


Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg Jan 1982

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Law Faculty Scholarly Articles

Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of bills of exchange and promissory notes in commerce and finance.

Many scholars believe that negotiability, along with other pre-Civil War legal doctrines, was intended to facilitate the development of a national market system and economic growth. This view typically holds that ...


Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer Jan 1982

Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer

Kentucky Law Journal

No abstract provided.


Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne Jan 1982

Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne

Kentucky Law Journal

No abstract provided.


Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan Jan 1981

Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan

Law Faculty Research Publications

As they do each year, Michigan courts decided a number of commercial law cases during the survey period. Several of the cases are significant opinions which either raise questions or carry significant implications for Michigan's commercial lawyers. This survey selects those significant cases, attempts to answer the questions raised, and probes the implications of the decisions.


Commercial Transactions (1975 Annual Survey Of Michigan Law), John F. Dolan Jan 1976

Commercial Transactions (1975 Annual Survey Of Michigan Law), John F. Dolan

Law Faculty Research Publications

No abstract provided.