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Articles 1 - 10 of 10
Full-Text Articles in Law
Resolving Priority Disputes In Intellectual Property Collateral, Paul J. Heald
Resolving Priority Disputes In Intellectual Property Collateral, Paul J. Heald
Scholarly Works
Although a goodly amount of recent commentary provides guidance to practitioners on the pitfalls of perfecting a security interest in intellectual property collateral, and another body of work has undertaken the laudable task of proposing reform in the area, no comprehensive attempt has yet been made to help judges resolve the complex priority disputes that arise under existing law. In light of the increased use of intellectual property as collateral and the concomitant rise in litigation, guidance on the resolution of priority disputes in intellectual property collateral is sorely needed. For example, recent cases find Article 9 of the Uniform …
Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.
Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.
Law Faculty Scholarly Articles
Since the 1940s, the technology revolution has enabled people to communicate electronically. Sitting at a computer terminal connected to a modem and a telephone wire, it is possible to send a message anywhere in the country (or throughout the world)—to another computer, to a telecopy or telefax machine, even to a telephone. Paper is being replaced by electronic signals as a mode of communication. This revolution calls into question some of the fundamental rules upon which our contracts and the U.C.C. were built. On a broader scale, electronic communication raises issues that include the rights and responsibilities of providers and …
Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen
Striking The Balance: The Evolving Nature Of Suretyship Defense, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Implications Of The Stakeholder Model, Roberta S. Karmel
Implications Of The Stakeholder Model, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.
Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.
Law Faculty Scholarly Articles
Overlap and conflict are inevitable in any legal system in which a federal government and state governments both have authority to enact laws. In our federal system, the Constitution's Supremacy Clause identifies federal law as preeminent in case of conflict. When conflict develops and litigation is required to determine whether state or federal law controls the issue at hand, our system analyzes the problem using the term preemption as a basis for analysis.
This Article explores the federal legislative process that precedes judicial preemption decisions. By studying the legislative process for its sensitivity to preemption issues, possible ways to modify …
Preference Conundrums, James J. White, Daniel Israel
Preference Conundrums, James J. White, Daniel Israel
Articles
Every law teacher and many law students and practitioners understand the intellectual sport to be found in Section 547 on preference law. Because the preference rules are so intricate, rigorously logical-but really not logical-they command more than their fair attention, not only in law school but also in continuing legal education and even in the courts. Our purpose in this article is not to answer any of the difficult questions or to give a global explanation of preference law. Rather it is to confront a few of the conundrums in Section 547 and to follow the paths of those conundrums …
The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr.
The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces
Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces
Faculty Publications
No abstract provided.
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
Kentucky Law Journal
No abstract provided.
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Articles
For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …