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Articles 1 - 30 of 42
Full-Text Articles in Law
The Contract Interpretation Policy Debate: A Primer, Joshua M. Silverstein
The Contract Interpretation Policy Debate: A Primer, Joshua M. Silverstein
Faculty Scholarship
Contract interpretation is one of the most significant areas of commercial law. As a result, there is an extensive academic and judicial debate over the optimal method for construing agreements. Throughout this exchange, scholars and courts have advanced a wide array of conceptual, theoretical, and empirical arguments in support of the two primary schools of interpretation— textualism and contextualism—as well as various hybrid positions. This Essay is intended to serve as a primer on those arguments.
Contract Interpretation And The Parol Evidence Rule: Toward Conceptual Clarification, Joshua M. Silverstein
Contract Interpretation And The Parol Evidence Rule: Toward Conceptual Clarification, Joshua M. Silverstein
Faculty Scholarship
Contract interpretation is one of the most important topics in commercial law. Unfortunately, the law of interpretation is extraordinarily convoluted. In essentially every American state, the jurisprudence is riddled with inconsistency and ambiguity. This causes multiple problems. Contracting parties are forced to expend additional resources when negotiating and drafting agreements. Disputes over contractual meaning are more likely to end up in litigation. And courts make a greater number of errors in the interpretive process. Together, these impacts result in significant unfairness and undermine economic efficiency. Efforts to remedy the doctrinal incoherence are thus warranted.
The goal of this Article is …
Contract Resurrected! Contract Formation: Common Law – Ucc – Cisg, Sarah Howard Jenkins
Contract Resurrected! Contract Formation: Common Law – Ucc – Cisg, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Recent Supreme Court Patent Decisions: The Trend To Limit The Power Of Patent Holders, Peter O. Huang
Recent Supreme Court Patent Decisions: The Trend To Limit The Power Of Patent Holders, Peter O. Huang
The Journal of Appellate Practice and Process
No abstract provided.
Application Of The U.C.C. To Nonpayment Virtual Assets Or Digital Art, Sarah Howard Jenkins
Application Of The U.C.C. To Nonpayment Virtual Assets Or Digital Art, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Sales Of Personal Property As Secured Transactions Under Article 9 Of The Uniform Commercial Code, D. Fenton Adams
Sales Of Personal Property As Secured Transactions Under Article 9 Of The Uniform Commercial Code, D. Fenton Adams
University of Arkansas at Little Rock Law Review
The principal focus of Article 9 of the Uniform Commercial Code (UCC) has always dealt with transactions intended by the parties to create security interests in personal property. In 1998, the sponsors of the UCC approved a sweeping revision of Article 9; however, the main focus of the Article was not changed. § 9-109(a)(1) of revised Article 9 provides: "[e]xcept as otherwise provided in subsection (c) and (d), this Article applies to (1) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract," and § 1-201(37) of the Code, although modified to …
Why Arkansas Should Adopt The Revised Uniform Limited Liability Company Act, Carol R. Goforth
Why Arkansas Should Adopt The Revised Uniform Limited Liability Company Act, Carol R. Goforth
University of Arkansas at Little Rock Law Review
In 1993 "The Small Business Entity Tax Pass Through" Act for the first time authorized the organization of limited liability companies (LLCs) in Arkansas. This Act, which will be referred to in this article as the "Arkansas LLC Act" notwithstanding its unique actual name, has been subsequently amended more than once to remove some of the ambiguities created by the initial legislation.
In August 1994, the National Conference of Commissioners on Uniform State Laws (NCCUSL) promulgated a Uniform Limited Liability Company Act (ULLCA). Unfortunately for proponents of uniformity, the ULLCA was introduced after most states (including Arkansas) had already enacted …
Contracting Out Of The Ucc, Sarah Howard Jenkins
Contracting Out Of The Ucc, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Contracting Out Of Article 2: Minimizing The Obligation Of Performance & Liability For Breach, Sarah Howard Jenkins
Contracting Out Of Article 2: Minimizing The Obligation Of Performance & Liability For Breach, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Evolving Sales Law: Highlights Of The Shifting Landscape Of Arkansas Purchasing Law, Sarah Howard Jenkins
Evolving Sales Law: Highlights Of The Shifting Landscape Of Arkansas Purchasing Law, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Intellectual Property Trademark Law—Victor/Victoria?—The United States Supreme Court Requires Trademark Dilution Plaintiffs To Show Actual Harm. Mosely V. Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003), Stephanie Egner
University of Arkansas at Little Rock Law Review
No abstract provided.
A Continuing History Of Arkansas's Usury Law: On The Verge Of Extinction?, Kenneth E. Galchus Ph.D., Ashvin Vibhakar Ph.D.
A Continuing History Of Arkansas's Usury Law: On The Verge Of Extinction?, Kenneth E. Galchus Ph.D., Ashvin Vibhakar Ph.D.
University of Arkansas at Little Rock Law Review
No abstract provided.
First Argument Impressions Of The Supreme Court, Stuart M. Riback
First Argument Impressions Of The Supreme Court, Stuart M. Riback
The Journal of Appellate Practice and Process
No abstract provided.
Lender Liability—Banks As Fact-Sensitive Fiduciaries: It's All In The Pleadings, Robyn Phillips Allmendinger
Lender Liability—Banks As Fact-Sensitive Fiduciaries: It's All In The Pleadings, Robyn Phillips Allmendinger
University of Arkansas at Little Rock Law Review
No abstract provided.
Introduction To Symposium On Revised Article, Sarah Howard Jenkins
Introduction To Symposium On Revised Article, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Preemption & Supplementation Under Revised 1-103: The Role Of Common Law & Equity In The New U.C.C., Sarah Howard Jenkins
Preemption & Supplementation Under Revised 1-103: The Role Of Common Law & Equity In The New U.C.C., Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
How Free Trade Can Save The Everglades, Aaron Schwabach
How Free Trade Can Save The Everglades, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Revised Article 3: ''(Revise) It Again, Sam'', Sarah Howard Jenkins
Revised Article 3: ''(Revise) It Again, Sam'', Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Foreword, Sarah Howard Jenkins
Exemption For Nonperformance: Ucc, Cisg, Unidroit Principles-A Comparative Assessment, Sarah Howard Jenkins
Exemption For Nonperformance: Ucc, Cisg, Unidroit Principles-A Comparative Assessment, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Constitutional Law—Freedom Of Speech. No Longer That Crazy Aunt In The Basement, Commercial Speech Joins The Family. 44 Liquormart, Inc. V. Rhode Island, 116 S. Ct. 1495 (1996)., Jo-Jo Baldwin
University of Arkansas at Little Rock Law Review
No abstract provided.
Accommodating Spouses: Regulation B And Revised Article 3-The Suretyship Law Complication, Sarah Howard Jenkins
Accommodating Spouses: Regulation B And Revised Article 3-The Suretyship Law Complication, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
The Discontinuance Of The Certified Check—An Arkansas Study, Arthur G. Murphey Jr.
The Discontinuance Of The Certified Check—An Arkansas Study, Arthur G. Murphey Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins
Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Problems With The 1990 Revision Of Articles 3 And 4 Of The Uniform Commercial Code, D. Fenton Adams
Problems With The 1990 Revision Of Articles 3 And 4 Of The Uniform Commercial Code, D. Fenton Adams
University of Arkansas at Little Rock Law Review
No abstract provided.
Revised Article 3 And Amended Article 4 Of The Uniform Commercial Code: Comments On The Changes They Will Make, Arthur G. Murphey
Revised Article 3 And Amended Article 4 Of The Uniform Commercial Code: Comments On The Changes They Will Make, Arthur G. Murphey
Faculty Scholarship
No abstract provided.
Commercial Torts—Trade Secrets—Arkansas Extends Trade Secret Protection To Customer Lists Under The Arkansas Trade Secrets Act. Allen V. Johar, Inc., 308 Ark. 45, 823 S.W.2d 824 (1992)., Michael J. Ptak
University of Arkansas at Little Rock Law Review
No abstract provided.
Abrogation Of Surety's Right Of Discharge On Release Of The Principal Obligor Under Revised Article 3: A Creditor's Tool For Maximizing Self-Interest, Sarah Howard Jenkins
Abrogation Of Surety's Right Of Discharge On Release Of The Principal Obligor Under Revised Article 3: A Creditor's Tool For Maximizing Self-Interest, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins
A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Faculty Scholarship
No abstract provided.