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- Peter A. Alces (10)
- Brian M McCall (6)
- Juliet M. Moringiello (5)
- Chang-hsien (Robert) TSAI (4)
- Christopher C. French (4)
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- Robyn L Meadows (4)
- Benedict Sheehy (3)
- Frank J. Garcia (3)
- Andrew Emerson (2)
- John L. Gedid (2)
- Larry A DiMatteo (2)
- Alan J. Meese (1)
- Benjamin Miller (1)
- Bruno Meyerhof Salama (1)
- Bryan H. Druzin (1)
- Carl J. Circo (1)
- Fernando Castillo Cadena (1)
- Henry Lowenstein (1)
- Jarrod Tudor (1)
- John C. Henry (1)
- John Passant (1)
- Kara J. Bruce (1)
- Kenneth Lasson (1)
- Lawrence J. Trautman Sr. (1)
- Luis González Vaqué (1)
- Melvin A. Eisenberg (1)
- Raluca Papadima (1)
- Richard A. Lord (1)
- Richard M. Buxbaum (1)
- Robert Sprague (1)
Articles 1 - 30 of 67
Full-Text Articles in Law
Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese
Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese
Alan J. Meese
Most scholars would agree that a merger between General Motors and Ford should not be judged solely by Delaware corporate law, even if both firms are incorporated in Delaware. Leaving the standards governing such mergers to state law would assuredly produce a race to the bottom that would result in unduly permissive treatment of such transactions. Similarly, if the two firms agreed to divide markets, most would agree that some regulatory authority other than Michigan or Delaware should have the final word on the agreement. Thus, in order to forestall monopoly or its equivalent, the national government must itself exercise …
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
Peter A. Alces
No abstract provided.
The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces
The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces
Peter A. Alces
No abstract provided.
Roll Over, Llewellyn?, Peter A. Alces
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
Peter A. Alces
No abstract provided.
Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces
Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces
Peter A. Alces
No abstract provided.
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
Peter A. Alces
No abstract provided.
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Peter A. Alces
No abstract provided.
Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch
Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch
Peter A. Alces
No abstract provided.
An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd
An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd
Peter A. Alces
No abstract provided.
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
Peter A. Alces
In this article, Professor Peter A. Alces investigates the tension that exists between the independent and interdependent nature of contractual relations arising in suretyship agreements and letter of credit transactions. This discussion is particularly timely as the American Law Institute is currently revising both the Restatement of the Law of Suretyship and Article 5 of the Uniform Commercial Code, "Letters of Credit." This article discerns a basic incongruity between the two revisions' treatment of interrelated multiple party rights and discusses the consequences that this incongruity can be expected to have upon commercial transactions.
Mistake In Contract Law, Melvin A. Eisenberg
Mistake In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
Develops the legal rules that should govern mistake in contract law on a functional basis. Types of mistake that are relevant in contract law on the basis of their character; Reasons of efficiency and morality that apply to cases in which a non-mistaken party knew or had reason to know that a payment was mistakenly made; Distinction between mistaken factual assumptions and evaluative mistakes.
Shareholder Exit Signs On Us And Eu Highways, Raluca Papadima
Shareholder Exit Signs On Us And Eu Highways, Raluca Papadima
Raluca Papadima
Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After Title Iii Of The U.S. Jobs Act, Chang-Hsien Tsai
Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After Title Iii Of The U.S. Jobs Act, Chang-Hsien Tsai
Chang-hsien (Robert) TSAI
Discriminatory Internal Taxation In The European Union: The Power Of The European Court Of Justice To Limit The Tax Sovereignty Of Member-States Under Article 110 Of The Tfeu, Jarrod Tudor
Jarrod Tudor
Protectionism can come in a variety of methods including the use of internal taxation policies that discriminate against imports making those imports more expensive on the domestic market and thus favoring domestically-produced goods. Discriminatory taxation policies have been developed by member-states to mask protectionism by distinguishing products based on import status, product similarity, product life cycle, consumption, tax collection practices, transportation charges, and state aid. The Framers of the Treaty on the Functioning of the European Union (TFEU) wrote Article 110 with the objective in mind to prohibit internal taxation policies from discriminating against goods in made in other member-states. …
Some Basic Marxist Concepts To Understand Income Tax, John Passant
Some Basic Marxist Concepts To Understand Income Tax, John Passant
John Passant
The paper introduces readers to some basic Marxist concepts to give the building blocks for an alternative understanding of tax and perhaps even to inspire some to use these concepts and ideas in their future research. It argues that the tax system reflects the phenomena of wealth and income and that there is a deeper reality obscured and ignored by the income tax system as an outcrop of a capitalist system which does the same. This deeper reality is that capital exploits workers and that profit, rent, interest and the like are the money form of the unpaid labour of …
Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French
Insuring Floods: The Most Common And Devastating Natural Catastrophies In America, Christopher French
Christopher C. French
Identifying The Honest Debtor: Section 727(A)(4)(A) Of The Bankruptcy Code And The Need For Consistency In Denial Of Discharge Proceedings, Andrew F. Emerson
Identifying The Honest Debtor: Section 727(A)(4)(A) Of The Bankruptcy Code And The Need For Consistency In Denial Of Discharge Proceedings, Andrew F. Emerson
Andrew Emerson
No abstract provided.
Identifying The Honest Debtor: Section 727(A)(4)(A) Of The Bankruptcy Code And The Need For Consistency In Denial Of Discharge Proceedings, Andrew F. Emerson
Identifying The Honest Debtor: Section 727(A)(4)(A) Of The Bankruptcy Code And The Need For Consistency In Denial Of Discharge Proceedings, Andrew F. Emerson
Andrew Emerson
No abstract provided.
The Harmonization Of Browsewrap Agreements Abroad And The Protection Of American Consumers, Tinsley A. Ashley
The Harmonization Of Browsewrap Agreements Abroad And The Protection Of American Consumers, Tinsley A. Ashley
Tinsley A Ashley
No abstract provided.
Desconsideração Da Personalidade Jurídica Em Favor De Credores Comerciais, Bruno Meyerhof Salama, Alberto Barbosa Jr.
Desconsideração Da Personalidade Jurídica Em Favor De Credores Comerciais, Bruno Meyerhof Salama, Alberto Barbosa Jr.
Bruno Meyerhof Salama
The Impact Of The Future Trade Secrets Directive On The Food Sector, Luis González Vaqué, Isabel Segura Roda
The Impact Of The Future Trade Secrets Directive On The Food Sector, Luis González Vaqué, Isabel Segura Roda
Luis González Vaqué
Proposal for a Directive of the European Parliament and of the Council on the protection of undisclosed know-how [COM(2013) 813 final de 28 November 2013]. We have explicitly chosen to analyse the proposal’s impact because, with regard to food production, we consider that careful consideration must be given to the extent to which the proposal affects areas such as information about food composition, the functioning of rapid alert systems, methods of traceability, the application of the precautionary principle, and different means of document access. We also believe it is important to acknowledge the intangible nature of the know-how used in …
Who Sits On Texas Corporate Boards? Texas Corporate Directors: Who They Are & What They Do, Lawrence J. Trautman
Who Sits On Texas Corporate Boards? Texas Corporate Directors: Who They Are & What They Do, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Corporate directors play an important role in governing American business, in the capital formation process, and are fundamental to the stewardship of economic growth. Texas businesses play a disproportionately important role among the states in aggregate U.S. job creation, responsible for 37% of all net new American jobs since the post 2008-2009 recovery began. It is the job of the board of directors to govern the corporation. The duties and responsibilities of a corporate director include: the duty of care; duty of loyalty; and duty of good faith. This paper results from the author’s previously assembled biographical data for most …
The Criminal Practitioner's Guide To Understanding The New York Securities Laws And Penal Law Scheme To Defraud, John C. Henry
The Criminal Practitioner's Guide To Understanding The New York Securities Laws And Penal Law Scheme To Defraud, John C. Henry
John C. Henry
No abstract provided.
Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson
Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson
Kenneth Lasson
SACRED COWS, HOLY WARS Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat By Kenneth Lasson Abstract In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights …
Antitrust Analysis After Actavis: Applying The Rule Of Reason To Reverse Payments, Benjamin Miller
Antitrust Analysis After Actavis: Applying The Rule Of Reason To Reverse Payments, Benjamin Miller
Benjamin Miller
Abstract In F.T.C. v. Actavis, Inc. the Supreme Court resolved a circuit split regarding the proper evaluation of reverse payment settlements under federal antitrust law, holding that they must be evaluated under a rule of reason analysis. However, the Court simultaneously created significant uncertainty by declaring that the lower courts were responsible for structuring the analysis. While a few cases are currently in the pre-trial phase, the only decisions relating to reverse payments since Actavis have been rulings on pre-trial motions—there have been no decisions on the merits. Given the intricate intersection between antitrust and intellectual property principles in these …
Testimony To The Committee On Financial Institutions, Kansas House Of Representatives March 13, 2014, Brian M. Mccall
Testimony To The Committee On Financial Institutions, Kansas House Of Representatives March 13, 2014, Brian M. Mccall
Brian M McCall
This document contains the text of testimony given before the Committee on Financial Institutions, Kansas House of Representatives March 13, 2014, in a hearing to address potential changes to the regulation of payday lending in Kansas.
Interfaces Between Csr, Corporate Law And The Problem Of Social Costs, Benedict Sheehy
Interfaces Between Csr, Corporate Law And The Problem Of Social Costs, Benedict Sheehy
Benedict Sheehy
Abstract: CSR is an increasingly seen as the preferred approach to addressing the social impacts of industrial production. These social impacts, however, come in the first instance from production and not the corporation. The legal corporation facilitates social costs secondarily. Much of the thinking about CSR fails to adequately take account of the systemic nature of social costs, the legal nature of the corporation and social costs and the so the systemic failure of law to deal with them. This article addresses the interface between the three concepts and related issues of CSR, social costs and corporate law.
Certified Checks And Funds Redirection, Richard A. Lord
Certified Checks And Funds Redirection, Richard A. Lord
Richard A. Lord
No abstract provided.
No Surfing Allowed: A Review And Analysis Of Legislation Prohibiting Employers From Demanding Access To Employees’ And Job Applicants’ Social Media Accounts, Robert Sprague
Robert Sprague
This article examines recent state legislation prohibiting employers from requesting username and password information from employees and job applicants in order to access restricted portions of those employees’ and job applicants’ personal social media accounts. This article raises the issue of whether this legislation is even needed, from both practical and legal perspectives, focusing on: (a) how prevalent the practice is of requesting employees’ and job applicants’ social media access information; (b) whether alternative laws already exist which prohibit employers from requesting employees’ and job applicants’ social media access information; and (c) whether any benefits can be derived from this …