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Commercial Law

2000

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Articles 1 - 30 of 96

Full-Text Articles in Law

El Pago Indebido, Daniel Echaiz Moreno Dec 2000

El Pago Indebido, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno Dec 2000

Fusiones Empresariales, Control Y Libre Competencia, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


The Rule Of Law And Commercial Litigation In Myanmar, Alec Christie Dec 2000

The Rule Of Law And Commercial Litigation In Myanmar, Alec Christie

Washington International Law Journal

After nearly thirty years of self imposed isolation, Myanmar has reemerged as a significant potential destination for foreign investment. One of the key attractions of Myanmar as a destination for foreign investment is its legal system and historical commitment to the rule of law. With ASEAN membership and increasing levels of foreign investment in Myanmar, use of its legal system by foreign investors and their counsel has grown. The aim of this article is to outline, for both investors and legal professionals in other countries throughout the region, Myanmar's legal system and its practical operation in the area of commercial …


Commercial Law, Robert A. Weber Jr. Dec 2000

Commercial Law, Robert A. Weber Jr.

Mercer Law Review

This year's survey article attempts a synthesis of case law subdivided according to various aspects of a commercial practice. Topics discussed include banking/lender issues, collections, sales of businesses, pitfalls on the front end of a commercial transaction, and a miscellaneous catchall for cases that stubbornly defy categorization.

  • Bank/Lender Issues
  • Collections
  • Pitfalls on the Front End
  • Sales of Businesses
  • Miscellaneous


El Contrato De Franquicia Y El Derecho Laboral. Su Relación A Través Del Art. 30 De La Ley De Contrato De Trabajo, Carlos Molina Sandoval Nov 2000

El Contrato De Franquicia Y El Derecho Laboral. Su Relación A Través Del Art. 30 De La Ley De Contrato De Trabajo, Carlos Molina Sandoval

Carlos Molina Sandoval

El propósito del presente trabajo es analizar algunos puntos de interconexión entre el derecho laboral y el contrato de franquicia. Más concretamente, demostrar que el art. 30, LCT, no resulta aplicable a las relaciones de franquicia. Este cometido y su consecuente análisis se realizará a través de algunos breves comentarios a un reciente y novedoso fallo sobre el tema.


Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller Nov 2000

Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller

Library Staff Publications

No abstract provided.


Application Of The Uniform Commercial Code To Option Contracts For The Sale Of Goods, And Implying Promises To Find Sufficient Consideration: Why And How The North Carolina Supreme Court Got It Wrong In Fordham V. Eason, James T. Newman Jr. Oct 2000

Application Of The Uniform Commercial Code To Option Contracts For The Sale Of Goods, And Implying Promises To Find Sufficient Consideration: Why And How The North Carolina Supreme Court Got It Wrong In Fordham V. Eason, James T. Newman Jr.

Campbell Law Review

The North Carolina Supreme Court rarely ventures into cases involving contract disputes. However, in Fordham v. Eason, the court granted discretionary review to decide which of two logging companies had title to certain timber that each company had separately bargained for. In its analysis, the court's discussion of consideration was incomplete. Further, the court erred by refusing to apply the Uniform Commercial Code to an option contract for the sale of timber. This article explores the mistakes in the Fordham opinion and examines why the court will probably have to reevaluate its decision at some point in the future.


As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight Oct 2000

As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight

William & Mary Law Review

No abstract provided.


Anteproyecto De Ley Sobre Grupos De Empresas, Daniel Echaiz Moreno Sep 2000

Anteproyecto De Ley Sobre Grupos De Empresas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


Transcript From The Symposium: 'Globalization And The Taxation Of Foreign Investment', Hugh Ault Sep 2000

Transcript From The Symposium: 'Globalization And The Taxation Of Foreign Investment', Hugh Ault

Hugh J. Ault

No abstract provided.


Los Grupos De Empresas En El Perú, Daniel Echaiz Moreno Sep 2000

Los Grupos De Empresas En El Perú, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


Securing The Internet: Digital Signatures & Electronic Transactions In California, Assembly Committee On Information Technology Aug 2000

Securing The Internet: Digital Signatures & Electronic Transactions In California, Assembly Committee On Information Technology

California Assembly

Included in appendix: Trust in the Wired Americas by Cheskin Research and Moving With Change: Electronic Signature Legislation as a Vehicle for Advancing Commerce by Smedinghoff and Bro, 17 John Marshall J. of Comp. and Information L. 723 (1999).


Los Grupos De Empresas En La Legislación Peruana, Daniel Echaiz Moreno Aug 2000

Los Grupos De Empresas En La Legislación Peruana, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


Uniform Commercial Code Survey, Sales, John T. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski Jul 2000

Uniform Commercial Code Survey, Sales, John T. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski

Robyn L Meadows

No abstract provided.


El Maestro Universitario, Daniel Echaiz Moreno Jul 2000

El Maestro Universitario, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik Jul 2000

Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik

Faculty Publications

With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a …


Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein Jul 2000

Deconstructing The Debate Over State Taxation Of Electronic Commerce, Walter Hellerstein

Scholarly Works

Elsewhere on these pages, the distinguished economist Charles McLure begins his contribution to the debate over taxation of electronic commerce by observing that “America is focusing on the wrong issues in debating the taxation of electronic commerce ....” He proceeds to provide a fundamental critique of the states' existing sales tax regimes and he lays out a roadmap for radical reform of the system that would, in the course of curing the basic defects in the existing state sales tax structure, incidentally resolve many of the issues that currently dominate the debate over taxing electronic commerce. I do not disagree …


La Cogestión Empresarial, Daniel Echaiz Moreno Jun 2000

La Cogestión Empresarial, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey May 2000

A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey

Federal Communications Law Journal

The Uniform Computer Information Transaction Act (UCITA) has been presented to the states for their ratification. Patterned after the Uniform Commercial Code (UCC), UCITA began as an addition to the UCC, but differences between the statutes required UCITA to emerge as a separate entity. The National Conference of Commissioners of Uniform State Laws (NCCUSL) drafted UCITA and approved the Act in Summer 1999. The Act now awaits approval by state legislatures. This Comment analyzes UCITA and argues that the states should ratify the Act. The Comment favorably compares the UCC and UCITA. The UCC follows the principle of "freedom of …


Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis May 2000

Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis

BYU Law Review

No abstract provided.


Securitizations In Latin America, Erica W. Stump Apr 2000

Securitizations In Latin America, Erica W. Stump

University of Miami Business Law Review

No abstract provided.


Father Knows Best: Revised Article 8 And The Individual Investor, Francis J. Facciolo Apr 2000

Father Knows Best: Revised Article 8 And The Individual Investor, Francis J. Facciolo

Florida State University Law Review

No abstract provided.


Commodifying Justice For Global Free Trade: The Proposed Hague Judgments Convention, Vaughan Black Apr 2000

Commodifying Justice For Global Free Trade: The Proposed Hague Judgments Convention, Vaughan Black

Osgoode Hall Law Journal

A notable omission from the legal apparatus for international free trade is a multilateral agreement on court jurisdiction and enforcement of foreign country judgments. However, negotiations toward such an international convention are in progress. This paper explores the background to those discussions. It examines the current draft of the proposed judgments convention with particular reference to the way in which implementation of that draft would affect Canadians engaged in the practice of international commercial litigation. It concludes with a discussion of current sticking points in the negotiations, and with commentary on the judgment enforcement scene and the implications of failure …


The History, Purpose, And Procedures Of The Advisory Commission On Electronic Commerce, Thomas Griffith Mar 2000

The History, Purpose, And Procedures Of The Advisory Commission On Electronic Commerce, Thomas Griffith

BYU Law Review

No abstract provided.


Electronic Commerce And The State And Federal Tax Bases, J. Clifton Fleming Jr. Mar 2000

Electronic Commerce And The State And Federal Tax Bases, J. Clifton Fleming Jr.

BYU Law Review

The federal income tax does not apply to profits generated by pure mail order sales originating from outside the United States, and state and local consumption taxes are effectively inapplicable to pure mail order sales originating from outside the taxing jurisdiction. These conclusions seem fully applicable to federal taxation of income from sales that are initially solicited through Internet advertising and then transacted over the Internet between a customer in the United States and an out-of-country seller's out-of-country website. Similar conclusions are also, arguably, applicable in the case of state and local consumption taxes. Extension of the mail order tax …


State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein Mar 2000

State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein

BYU Law Review

No abstract provided.


Leveling The Playing Field: A Business Perspective On Taxing E-Commerce, Val John Christensen Mar 2000

Leveling The Playing Field: A Business Perspective On Taxing E-Commerce, Val John Christensen

BYU Law Review

No abstract provided.


Questioning The Viability Of The Sales Tax: Can It Be Simplified To Create A Level Playing Field?, Rich Mckeown Mar 2000

Questioning The Viability Of The Sales Tax: Can It Be Simplified To Create A Level Playing Field?, Rich Mckeown

BYU Law Review

No abstract provided.


Rethinking State And Local Reliance On The Retail Sales Tax: Should We Fix The Sales Tax Or Discard It?, Charles E. Mclure Jr. Mar 2000

Rethinking State And Local Reliance On The Retail Sales Tax: Should We Fix The Sales Tax Or Discard It?, Charles E. Mclure Jr.

BYU Law Review

No abstract provided.


The Legal Environment For Electronic Cash In Japan, Shu Hamba Mar 2000

The Legal Environment For Electronic Cash In Japan, Shu Hamba

Maurer Theses and Dissertations

Recently, people have begun to hear the phrase "electronic money". However, it is not easy to define electronic money because there are so many varieties of electronic products that are called electronic money. Electronic money has possibility to substitute all functions cash has and to change forms of settlement dramatically. However, it may cause a lot of new legal issues and may demand totally new legal structure to regulate it.

The thesis provides classification and features of electronic money then focus on certain type of electronic money. The thesis mainly explores several issues that may affect issuance of electronic money …