Law Commons^™

Commercial Law, James C. Marshall

Mercer Law Review

On November 18, 1991, less than one week before the scheduled printing of this Article, a panel of the Georgia Court of Appeals ruled that Georgia's version of the Uniform Commercial Code ("U.C.C.") grants certain judgment creditors priority over later purchase money secured creditors. Given the obvious importance of this development, the editors of Mercer Law Review were kind enough to permit the author to append a hastily prepared discussion of the court's decision to the end of this Article. The reader consequently may wish to begin at the end.

Interpreting Codes, Bruce W. Frier

Michigan Law Review

Large systematically codified bodies of law, such as the European codes or the UCC, gradually effect, or at least encourage, a different kind of legal culture, in which, as such codes are integrated within a national legal heritage, general clauses and principles become more salient within an expanded interpretive community. Because of the open texture of their rules, codes foster an altered legal posture; ancient judicial vigilance against the intrusive legislation may give way to a new ethos of cooperation in the development of law. To be sure, it remains uncertain whether the resulting law will be, in fact, "better," …

A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis

Campbell Law Review

As its title suggests, this article is intended merely as a preview of revised Article 3. It will begin with some overall comments about revised Article 3, specifically about the extent and significance of the revision. It then will discuss specific examples from revised Article 3 to illustrate how the revision affects present Article 3 and how it furthers the goals of the NCCUSL and the ALI. It will also include references to present North Carolina case law or statutory law that may be affected by the revision. If this preview conveys to the BAR at least a taste of …

Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne

University of Michigan Journal of Law Reform

This Note joins a rising chorus calling for government regulation of green marketing claims. It attempts to encourage and add a sense of urgency to a burgeoning regulatory movement by highlighting some of the legal issues that such regulation entails. Part I identifies a gap in the law: the inability of current truth-in-advertising laws to clarify the legality of green marketing claims. Part II urges bridging that gap quickly; it examines the costs of continued nonregulation and describes some of the forms regulation is taking. Part III attempts to allay any fears that such regulations might be challenged on first …

Considering Business Opportunities In The Soviet Union In The 1990s, Richard N. Dean

Vanderbilt Journal of Transnational Law

The purpose of this Essay has been to provide, in somewhat summary fashion, basic background and guidelines to assist Western companies that are considering commercial transactions in the Soviet Union. It was not intended to be an exhaustive analysis of all factors that may affect the negotiation, completion and implementation of commercial transactions in the Soviet Union. Rather, we have drawn from our experience in assisting our clients over the last three years in the USSR and have attempted to provide an appropriate context for the consideration of potential business opportunities.

In our experience, the most effective perspective to adopt …

Eastern Europe: Observations And Investment Strategies, Marek Wierzbowski

Vanderbilt Journal of Transnational Law

It is my impression that right now an American lawyer has no problem getting acquainted with East European laws concerning foreign investment. There are so many translations now in this country that almost every new law is immediately translated into English. The American lawyer can get to this text at almost the same time as the East European lawyer can get to it.

So it is very easy to get acquainted with legal texts of the most important laws from the point of view of foreign investors, but there are some traps. And it is my impression that when lawyers …

Patent Venue: One More Attempt To Broaden The Statute, David Fogg

BYU Law Review

No abstract provided.

Legal Aspects Of Foreign Investments And Financing Of Energy Products In Nigeria, Niki Tobi

Dalhousie Law Journal

Nigeria is a Federation consisting of twenty-one States, and a Federal Capital Territory. It is the largest African Country with probably the largest concentration of foreign investment potentialities with a viable and adequate financing. In the true tenet of Federalism, the 1979 Constitution provided for a distinction in the legislative powers between the central Government and the State Governments. The Constitution of the Federal Republic of Nigeria 1989 has also maintained this federal arrangement. Although that is the constitutional position, the Military Government has, as a matter of policy, built into the system some element of unitarism in a federal …

Poison Pills: Developing A Canadian Regulatory And Judicial Response, Jody W. Forsyth

Dalhousie Law Journal

It is trite to say that the United States has witnessed an explosion of hostile take-over activity in recent years. Potential acquirers have employed both non-coercive techniques such as conditional bids and proxy solicitations, and coercive techniques such as "street sweeps' 4 and two-tier, front-end loaded bids.5 In response, target corporations have fought back with a wide variety of" defences designed to defeat any undesired take-over attempt. One of the most widely contested of these defences is the shareholder rights plan, or "poison pill" as it is better known.

Target Corporations, Hostile Horizontal Takeovers And Antitrust Injury Under Section 16 Of The Clayton Act After Cargill, Brent W. Huber

Indiana Law Journal

No abstract provided.

An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd

Faculty Publications

No abstract provided.

Consideration And The Commercial-Gift Dichotomy, James D. Gordon, Iii

Vanderbilt Law Review

The doctrine of consideration serves several functions. For example, it serves a cautionary function because it helps ensure deliberateness. Often, promises to make gifts are based on emotion, surges of gratitude, or impulses of display.' A donative promisor tends to look primarily to the promisee's interests rather than the promisor's own interests. The commercial-gift dichotomy satisfies the cautionary function better than the doctrine of consideration because it distinguishes between transactions based on self-interest, in which the promisor can be presumed to self-protect, and transactions based on altruism, in which the promisor is thinking more about the donee's interests than his …

Opportunism And Trust In The Negotiation Of Commercial Contracts: Toward A New Cause Of Action, G. Richard Shell

Vanderbilt Law Review

In a complex economy, many business transactions take place sequentially-one party performs in part or in full before the other side executes its side of the bargain. Sequencing has many advantages, but it creates an unfortunate incentive. Having received its benefit from the bargain, the party who is to perform last may be tempted to renege on its obligations. Law and economics scholars often describe the conduct of a reneging party in these situations as "opportunistic." The reneging party, perceiving an opportunity to increase its gain, yields to temptation and refuses to perform. The law of contract helps to diminish …

Planning The Japanese Way In The United States, Art Gemmell Dr.

art gemmell

Why the successful integration of an acquired company doesn't have anything to do with the parentage of the company.

Book Review | Adding Commercial Fundamentals, Terms And Transactions To Contract And Commercial Law, Harold R. Weinberg

Law Faculty Scholarly Articles

Book review of the following two resources: (a) John F. Dolan, Fundamentals of Commercial Activity: A Lawyer’s Guide (1991) and (b) John F. Dolan, Uniform Commercial Code: Terms and Transactions in Commercial Law (1991).

The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz

Northwestern Journal of International Law & Business

One additional advantage of arbitration, the parties' ability to predetermine the law governing the resolution of the dispute, has gained growing recognition in recent years. This recognition, however, has been myopic to some extent. Some commentators see choice of law options confined either to the selection of one national legal system from several possibilities or to the selection of a single national, international, or anational legal system. Such a self-imposed limitation of the applicable law to one system of law often denies parties many of the benefits and powers allowed them in international commercial arbitration. As an alternative, an agreement …

Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Drawing on both the expertise of professionals in the field and a grounding in law and public policy, this book examines the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion and operation of airports.

Agricultural Liens And The U.C.C.: A Report On Present Status And Proposals For Change, Drew Kershen, Steven Turner, Richard Barnes, Martha Noble, Brooke Schumm

Drew L. Kershen

No abstract provided.

Intereses Sobre Capital Ajustado: ¿Arbitrariedad Judicial?, Martin Paolantonio

Martin Paolantonio

Aproximación crítica a la determinación de una tasa de interés judicial uniforme sobre la deuda indexada

Inviable Retorno Al Nominalismo, Martin Paolantonio

Martin Paolantonio

Análisis de la ley 23928 de convertibilidad y su prohibición de ajustar o indexar deudas, desde una perspectiva contractual y constitucional

La Representación Cambiaria En Las Asociaciones Civiles, Martin Paolantonio, Eduardo Moccero

Martin Paolantonio

Nota a fallo que denegó la aplicación analógica de disposiciones de la ley de sociedades comerciales en materia de representación a asociaciones civiles

Las Letras De Consumo Y Su Problemática Jurídica, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis sobre los diferentes problemas que plantea el uso de títulos valores cambiarios en contratos con consumidores, y alternativas de tratamiento normativo

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Exploitation On Porpoise: The Use Of Purse Seine Nets By Commercial Tuna Fishermen In The Eastern Tropical Pacific Ocean, Kerry L. Holland

Syracuse Journal of International Law and Commerce

This note will focus on the killing of dolphins in the Eastern Tropical Pacific Ocean (ETP) where the majority of fishing-related dolphin deaths occur. Part II will explain past and present fishing methods and discuss how the development of fishing technology has caused a serious depletion of dolphin stock at an alarming rate. Part III will address the United States' response to the situation through the promulgation of legislation designed to limit the total number of dolphins killed. Part IV will focus on initial steps taken by the international community that serve to supplement and extend laws already existing on …

The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond

Northwestern Journal of International Law & Business

In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …

The Place Of Arbitration In The Conflict Of Laws Of International Commercial Arbitration: An Exercise In Arbitration Planning, Filip De Ly

Northwestern Journal of International Law & Business

Growing complexities in the law and practice of international commercial arbitration and a certain loss of the spirit of arbitration require reflection by all interested parties (litigating parties, their counsels, arbitrators and arbitration centers) in order to maintain some of the traditional advantages of arbitration… The purpose of such reflection is to maintain the reputation of international commercial arbitration as a speedy and cost efficient dispute resolution mechanism for international business transactions. This may be achieved by an attempt to identify the options which interested parties may have and to indicate their respective advantages and disadvantages. This process may be …

A Response To Elliot Richardson, 25 J. Marshall L. Rev. 33 (1991), George S. Spindler

UIC Law Review

No abstract provided.

Changing The World Economies: A Model For Applying United States Countervailing Duty Law To Exported Products From A Unified Germany, 25 J. Marshall L. Rev. 81 (1991), Charles P. Romaker

UIC Law Review

No abstract provided.

Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno

UIC Law Review

No abstract provided.

Limited Liability And Theories Of The Corporation, Larry E. Ribstein

Maryland Law Review

No abstract provided.