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Articles 1 - 11 of 11

Full-Text Articles in Law

An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd Apr 1991

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

Faculty Publications

No abstract provided.


Book Review | Adding Commercial Fundamentals, Terms And Transactions To Contract And Commercial Law, Harold R. Weinberg Jan 1991

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).


Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway Jan 1991

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.


The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac Jan 1991

The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac

Law Faculty Articles and Essays

This Article will offer the heresy that the transactions in goods that the Code regulates are still firmly grounded on ownership principles and that these principles must be reckoned with to fulfill the Code's design. It is therefore important first to identify the various property interests in goods that one can obtain under the Code and determine how the Code ties these interests to title.


Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac Jan 1991

Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac

Law Faculty Articles and Essays

This article evaluates the potential effect of this tort on the bank andits customer where the improper payment is an indisputable binding stop payment order. Part I examines a bank's duty to properly pay checks.Part II describes the bank's reimbursement rights. Part III examines the breach of covenant of good faith tort. Part IV analyzes liability under the Code. Part V argues that banks must promptly recredit customers' accounts when banks improperly pay over binding stop payment orders. The article concludes that upon being notified that it has overlooked a binding stop payment order, a bank must promptly recredit the …


Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes Jan 1991

Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes

Publications

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 Jan 1991

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.


An Appraisal Of The March 1, 1990 Preliminary Report Of The Uniform Commercial Code Article 2 Study Group, David Frisch Jan 1991

An Appraisal Of The March 1, 1990 Preliminary Report Of The Uniform Commercial Code Article 2 Study Group, David Frisch

Law Faculty Publications

In the spring of 1988, the Permanent Editorial Board for the Uniform Commercial Code, with the approval of the National Conference of Commissioners on Uniform State Laws and the American Law Institute, began a formal study of Article 2 with the goal of reaching a decision as to whether the text should be revised. To this end, a Study Group was appointed, and Professor Richard E. Speidel of Northwestern University was selected to serve as Project Director.• On March 1, 1990, after two years of study, the Study Group issued a 245-page preliminary report for general public discussion and consideration. …


U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch Jan 1991

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

This survey reviews recent case law and related developments under articles 1, 2, 6, and 7 of the Uniform Commercial Code ("U.C.C." or "Code").


Effectuating The Customer's Right To Stop Payment Of A Check: The Forgotten Section 4-401, D. Benjamin Beard Jan 1991

Effectuating The Customer's Right To Stop Payment Of A Check: The Forgotten Section 4-401, D. Benjamin Beard

Articles

No abstract provided.


Commentary On Pitfalls Of Force Majeure Clauses, Howard Hunter Jan 1991

Commentary On Pitfalls Of Force Majeure Clauses, Howard Hunter

Research Collection Yong Pung How School Of Law

Professor Yates has covered in considerable detail the major problem areas in the use of force majeure clauses. His work is admirable in its technical details as well as in its use for the practitioner. I wish to add but a few brief comments about 2 chronic difficulties with the enforcement of force majeure clauses. To some extent these difficulties are common to all cases that involve excuse by way of frustration, impossibility, or commercial impracticability. The first has to do with foreseeability and the second has to do with post-excuse remedies. It has become a truism that a force …