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Commercial Law

1973

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Articles 1 - 29 of 29

Full-Text Articles in Law

Import Controls On Foreign Oil: Reply, George A. Hay Dec 1973

Import Controls On Foreign Oil: Reply, George A. Hay

Cornell Law Faculty Publications

The position of Ryan Amacher, Robert Tollison, and Thomas Willett (ATW) can be summarized as follows: Assuming that the domestic industry behaves like a profit-maximizing monopoly, if the quota on imported crude oil is replaced by a tariff that is by assumption set so as to achieve the same domestic price of crude oil, the market power of the dominant domestic firms is "severely constrained."

In response I would contend that 1) their assumption about the level of the tariff differs from what I had assumed; 2) their conclusion about the market power of the dominant firms is subject to …


Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis Nov 1973

Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis

Michigan Law Review

This Article discusses the background, negotiation, and drafting of selected WCA restrictions on creditor powers and remedies and compares those provisions to the analogous restrictions proposed by other reform measures. In addition to the UCCC, the MCCA and the WCA, two other major works must be considered in any discussion of consumer-credit legislation. First is Working Redraft No. 4 of the UCCC (UCCC Redraft). This proposed revision, published in December 1972, represents a marked change in the UCCC. Many provisions favorable to the consumer have been added, and many of the parallel provisions on sales and loans have been consolidated. …


The Private Law Treatment Of Defective Products In Sales Situations, Alan Schwartz Oct 1973

The Private Law Treatment Of Defective Products In Sales Situations, Alan Schwartz

Indiana Law Journal

No abstract provided.


Unfair Trade Practices Under Section 43(A) Lanham Act: You've Come A Long Way, Baby, Too Far, Maybe?, Kenneth B. Germain Oct 1973

Unfair Trade Practices Under Section 43(A) Lanham Act: You've Come A Long Way, Baby, Too Far, Maybe?, Kenneth B. Germain

Indiana Law Journal

No abstract provided.


Taxation--Subchapter S--Relaxation Of The One Class Of Stock Requirement, W. Richard Mccune Jr. Jun 1973

Taxation--Subchapter S--Relaxation Of The One Class Of Stock Requirement, W. Richard Mccune Jr.

West Virginia Law Review

No abstract provided.


Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler Jun 1973

Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler

West Virginia Law Review

Because of the increasing use of the mobile home as a form of housing, practitioners will be handling an ever-increasing number of cases dealing with the problems of the mobile home resident. The four major areas of investigation of mobile home law dealt with here are taxation, zoning, warranties, and fixtures. The purpose of the article is not to reveal any particular deficiencies in West Virginia's mobile home law, but rather to investigate and synthesize the law in a comprehensive review. While there are certain areas where the need for reform has been suggested, compiling the law as a research …


White & Summers: Handbook Of The Law Under The Uniform Commercial Code, Ellen A. Peters Jun 1973

White & Summers: Handbook Of The Law Under The Uniform Commercial Code, Ellen A. Peters

Michigan Law Review

A Review of Handbook of the Law Under the Uniform Commercial Code by James J. White and Robert S. Summers


Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff May 1973

Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff

William & Mary Law Review

No abstract provided.


Validity Of Revolving Charge Accounts In Indiana, Robert W. Sikkel Apr 1973

Validity Of Revolving Charge Accounts In Indiana, Robert W. Sikkel

Indiana Law Journal

No abstract provided.


Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell Apr 1973

Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell

Indiana Law Journal

No abstract provided.


Taxation--"Section 306 Stock", Edward G. Kennedy Apr 1973

Taxation--"Section 306 Stock", Edward G. Kennedy

West Virginia Law Review

No abstract provided.


A Primer On The Law Of Deceptive Practices, Edward D. Mcdevitt Apr 1973

A Primer On The Law Of Deceptive Practices, Edward D. Mcdevitt

West Virginia Law Review

No abstract provided.


Book Review: Handbook Of The Law Under The Uniform Commercial Code (1972), I. Boyce Covington Apr 1973

Book Review: Handbook Of The Law Under The Uniform Commercial Code (1972), I. Boyce Covington

Scholarly Works

Book review of HANDBOOK OF THE LAW UNDER THE UNIFORM COMMERCIAL CODE, by James J. White and Robert S. Summers (St. Paul, Minn.: West, 1972).


Admissibility Of Evidence Of Course Of Dealing And Usage Of Trade Under Uniform Commercial Code § 2-202(A) Mar 1973

Admissibility Of Evidence Of Course Of Dealing And Usage Of Trade Under Uniform Commercial Code § 2-202(A)

Washington and Lee Law Review

No abstract provided.


State Regulation Of Franchising: The Washington Experience, Donald S. Chisum Feb 1973

State Regulation Of Franchising: The Washington Experience, Donald S. Chisum

Washington Law Review

The successful use of franchising as an adjunct to more traditional marketing techniques by business firms seeking nationwide distribution for their products, services, and ideas has stimulated many franchisor abuses. Professor Chisum comprehensively discusses a variety of remedies available to the franchisee seeking relief from franchisor abuses, including remedies provided by the common law, federal and state securities laws, and the federal antitrust laws. The article assesses the relative success and failure of these general remedies in rectifying the specific problems of franchisor abuses. The author then critically examines the Washington Franchise Investment Protection Act which was enacted in 1971 …


Usury—Installment Sales Contracts: Limitation Of The Scope Of The Time Price Doctrine—National Bank Of Commerce Of Seattle V. Thomsen, 80 Wn.2d 406, 495 P.2d 332 (1972), P. A. H. Feb 1973

Usury—Installment Sales Contracts: Limitation Of The Scope Of The Time Price Doctrine—National Bank Of Commerce Of Seattle V. Thomsen, 80 Wn.2d 406, 495 P.2d 332 (1972), P. A. H.

Washington Law Review

In 1965 Greg Thomsen entered into an agreement with Carter Motors for the purchase of an automobile. In addition to signing a purchase order, Thomsen executed a conditional sales contract which provided that payments were to be made to the National Bank of Commerce (NBC) and showed a time price differential of $242.15, the equivalent of a 14.61 percent annual finance charge. A Carter Motors salesman had requested that Thomsen finance the purchase through NBC, which had supplied the contract form and other documents used in the transaction. Carter Motors immediately assigned the contract to NBC pursuant to a financing …


Protecting The Buyer Of Previously Encumbered Goods: Another Plea For Revision Of Ucc Section 9-307(I), Charles L. Knapp Jan 1973

Protecting The Buyer Of Previously Encumbered Goods: Another Plea For Revision Of Ucc Section 9-307(I), Charles L. Knapp

Faculty Scholarship

No abstract provided.


Some Suggestions For Nonurgent Reforms In The Ucc's Treatment Of Accommodation Parties, James A. Martin Jan 1973

Some Suggestions For Nonurgent Reforms In The Ucc's Treatment Of Accommodation Parties, James A. Martin

University of Michigan Journal of Law Reform

Anyone who has studied those provisions of the Uniform Commercial Code (UCC or Code) that deal with accommodation parties-chiefly Sections 3-415, 3-416, and 3-606-knows a certain amount of despair at trying to decipher the meaning of these provisions. Fortunately, most of the problems raised are fairly narrow, and few of them have yet posed significant problems for the courts, either because they have not yet arisen or (more often) because the courts have cut through ambiguous language to reach desirable and justifiable results. Thus, most of the problems discussed below do not cry out for immediate legislative attention. The position …


A Proposal To Prevent The Stranding Of Airline Passengers, Richard J. Gray Jan 1973

A Proposal To Prevent The Stranding Of Airline Passengers, Richard J. Gray

University of Michigan Journal of Law Reform

After surveying industry structure in terms of market conditions and actual practices, this article examines the failure of the air travel industry to provide bargained-for services to passengers. It compares the current regulatory pattern with alternative regulatory proposals and scrutinizes each to determine both the validity of the assumptions upon which they are based and the relative effectiveness of each in achieving desired consumer protection. The purpose of this detailed examination is to make possible the formulation of policy recommendations capable of serving as a basis for regulatory reform.


Federal Business Law And The Indiana Lawyer: The Impact Of The Securities Law On The General Practitioner, Theodore R. Boehm Jan 1973

Federal Business Law And The Indiana Lawyer: The Impact Of The Securities Law On The General Practitioner, Theodore R. Boehm

Indiana Law Journal

No abstract provided.


A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii Jan 1973

A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii

University of Richmond Law Review

When the Uniform Commercial Code became effective in Mississippi and South Carolina on January 1, 1968, it reached its goal of near uniform enactment. Maintaining this achievement of uniform adoption, however, has proven to be most difficult with regard to the Code's treatment of "secured transactions" in Article 9. In 1966, the Permanent Editorial Board 2 noted that there had been 337 non-uniform, non-official amendments to Article 9 of the Code. Accordingly, the Board established a Review Committee to restudy Article 9 in depth and report its findings. The study culminated in the Final Report of the Permanent Editorial Board …


Antitrust: Conglomerate Mergers And Section 7 Of The Clayton Act - Kennecott Copper Corp. V. Ftc Jan 1973

Antitrust: Conglomerate Mergers And Section 7 Of The Clayton Act - Kennecott Copper Corp. V. Ftc

Maryland Law Review

No abstract provided.


Employee Stock Options: The Effect Upon A Corporation's Earnings And Profits - Harold S. Divine And Luckman V. Commissioner Jan 1973

Employee Stock Options: The Effect Upon A Corporation's Earnings And Profits - Harold S. Divine And Luckman V. Commissioner

Maryland Law Review

No abstract provided.


Rule 10b-5 And The General Law As To Deceit In Securities Transactions In Maryland, Herbert M. Brune Jan 1973

Rule 10b-5 And The General Law As To Deceit In Securities Transactions In Maryland, Herbert M. Brune

Maryland Law Review

No abstract provided.


Creditor's Deficiency Judgment Under Article 9 Of The Uniform Commercial Code: Effect Of Lack Of Notice And A Commercially Reasonable Sale - Atlas Thrift Co. V. Horan Jan 1973

Creditor's Deficiency Judgment Under Article 9 Of The Uniform Commercial Code: Effect Of Lack Of Notice And A Commercially Reasonable Sale - Atlas Thrift Co. V. Horan

Maryland Law Review

No abstract provided.


The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White Jan 1973

The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White

Articles

In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …


Characterization Of Shareholder-Creditor Bad Debt: United States V. Generes Sounds The Knell For Deductions From Ordinary Income, Bland W. Cannon, Jr. Jan 1973

Characterization Of Shareholder-Creditor Bad Debt: United States V. Generes Sounds The Knell For Deductions From Ordinary Income, Bland W. Cannon, Jr.

Vanderbilt Law Review

The primary focus of this Note is on the development of the judicial doctrines interpreting the provisions of section 166 as applied to share-holder losses on loans to related corporations. Whether, in any given case, advances by shareholders will be considered loans or capital investments is beyond the scope of this work. For purposes of this study, the existence of a valid debtor-creditor or debtor-guarantor relationship between the corporation and its shareholder will be assumed. A brief description of the statutory scheme of the bad debt and loss provisions will be followed by a discussion of the origins and development …


The Import Surcharge Of 1971: A Case Study Of Executive Power In Foreign Commerce, David Pollard, David A. Boillot Jan 1973

The Import Surcharge Of 1971: A Case Study Of Executive Power In Foreign Commerce, David Pollard, David A. Boillot

Vanderbilt Journal of Transnational Law

The importance of foreign trade in the conduct of foreign affairs demonstrates that many foreign commerce questions contain foreign affairs overtones. For example, President Nixon has recently noted that congressional restrictions on granting the Soviet Union most-favored-nation treatment would be "a hurdle to further detente." Although article I, section 8 of the Constitution vests the power to regulate foreign commerce in the legislative branch, the Congress has delegated a great deal of that power to the Executive. Moreover, it appears that the President possesses certain inherent powers in foreign commerce as a result of his extensive, albeit undefined, authority in …


Commercial Paper Under The Uniform Commercial Code By Frederick M. Hart And William F. Willier, Douglas K. Newell Jan 1973

Commercial Paper Under The Uniform Commercial Code By Frederick M. Hart And William F. Willier, Douglas K. Newell

Kentucky Law Journal

No abstract provided.