Law Commons^™

Some Petty Complaints About Article Three, James J. White

Articles

IN many ways Article Three of the Uniform Commercial Code (Code) is like a huge machine assembled by a mad inventor and comprised of assorted sprockets, gears, levers, pulleys, and belts. Few thoroughly understand all of the jobs which this machine is to perform; and a search through the reported cases suggests that the machine is either performing so efficiently that it commits no mistakes worth litigating or it is not performing at all. In their study of the intricacies of Article Three, law students resemble persons climbing about on the machine-pulling its levers, testing its belts and pulleys, and …

Review Of Better Settlements -- Through Leverage, By P. J. Hermann. , James J. White

Reviews

Who ever learned to negotiate from a book? Probably no one, and one who seeks the kernel of wisdom which will make him an expert negotiator, who seeks the password for admittance to the negotiator's sanctum sanctorum-that person will hunt in vain through the pages of Mr. Hermann's book. I do not mean to suggest either that Mr. Hermann has withheld something in his power to reveal or that he has explicitly promised such a revelation. Rather, I suggest a flaw either in our perception and analysis or in our verbal skills. One of them, probably our perception and analysis, …

Hermann: Better Settlements--Through Leverage, James J. White

Michigan Law Review

A Review of Better Settlements--Through Leverage by Philip J. Hermann

Jacobson: Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Bernard G. Bechhoefer

Michigan Law Review

A Review of Diplomats, Scientists, and Politicians: The United States and the Nuclear Test Ban Negotiations by Harold Karan Jacobson and Eric Stein.

Admissibility Of Parol Evidence In Judicial Determinations Of Arbitrability, Michigan Law Review

Michigan Law Review

Whether parol evidence of bargaining history is admissible in a court's determination of arbitrability is a problem arising out of the United States Supreme Court's 1960 decisions in the Steelworkers Trilogy. The Court there emphasized the national labor policy favoring arbitration as the best means of resolving labor disputes. Citing its earlier Lincoln Mills decision interpreting section 301(a) of the Labor Management Relations Act, the Court stated that, in enacting section 301, Congress assigned the question of the jurisdiction of an arbitrator to the courts in the absence of an agreement by the parties specifically assigning the question to …

Non-Tariff Import Restrictions: Remedies Available In United States Law, Craig Mathews

Michigan Law Review

Since World War II, a fundamental objective of the foreign policy of the United States has been to strengthen political and economic relationships among free-world nations. An integral element of this policy has been the expansion of international trade on mutually beneficial terms. The legal and practical problems of reducing or eliminating restrictions on the international movement of commodities have therefore assumed a major importance.

International commodity transactions have traditionally been subject to a wide range of such restrictions. In the case of imports, the most familiar barriers are tariffs and formal quotas or embargoes imposed by national governments. In …

Contracts - Accord And Satisfaction

William & Mary Law Review

No abstract provided.

The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes

Publications

No abstract provided.

Negotiation Principles: In Law Or World Affairs, Charles P. Taft

Cleveland State Law Review

Negotiation should be part of every law school curriculum-as a required course. Every lawyer soon learns, in active practice, how important it is. There are certain principles of sound negotiation (or "dickering," in colloquial speech) that every lawyer should know-or anyone engaged in any profession, business or enterprise, for that matter. These principles apply almost exactly alike to a negotiation involving a legal action or to one involving national or international frictions-to settlement of a personal injury claim, or a dispute between the United States and Russia.

Labor Law - Collective Bargaining - Duty Of Employer To Furnish Information Relating To Ability To Pay, William H. Leighner S.Ed.

Michigan Law Review

A regional negotiating committee of the International Woodworkers of America, AFL-CIO, sent questionnaires to some six hundred employers with whom it had bargaining relations. The committee desired information to assist in measuring wage demands for bargaining with employers in the Pacific northwest lumber and plywood industries. The information requested related to each employee, his job classification, hourly rates, seniority rights, paid holidays, vacations, and annual hours. The employers were also requested to furnish figures showing the annual board-foot production of their respective operations and related sales totals expressed in dollars. The employers declined to provide the data despite repeated requests …

Some Comments On The Relation Of Pre-Trial To The Rules Of Evidence, Harry D. Nims

Vanderbilt Law Review

The term "Pre-Trial" is of such recent origin that it is found in few, if any, dictionaries. It seems to be used to describe conferences or hearings attended by counsel for litigants (and by litigants themselves, if they so desire) and a judge of the court to discuss the simplification of the issues to be tried, the sufficiency of the pleadings, the possibility of obtaining admissions and stipulations of facts and documents to avoid unnecessary proof, the limiting of the number of expert witnesses, and any other measures which may aid in the disposition of the case when it comes …

Strikes, Picketing And The Constitution, Archibald Cox

Vanderbilt Law Review

The law's first response to organized labor activities was to attempt to define by judicial decision the ends for which employees might resort to economic weapons against an employer,' the weapons which they might use in pursuit of lawful objectives, and the occasions on which resort to economic weapons would be curtailed, as in the case of a nationwide railroad strike, because of the danger of a public catastrophe. The effort was unsuccessful. The judge-made law was neither a reflection of the enduring sentiment of the community nor a response to its needs. The subsequent reaction, which took its initial …

Insurer's Liability For Failure To Settle

Maryland Law Review

No abstract provided.

Compensation For Terminated Fixed-Price Supply War Contracts, Edward S. Feldman

Michigan Law Review

The enormous volume of government contract cancellations requires a fuller understanding by contractors of the principles of securing fair compensation promptly for their charges if they are to have funds to reconvert their plants and operate them successfully. As the Director of Contract Settlement stated in a recent report to Congress, "The contracting agencies alone cannot do the contract settlement job. Contractors, too, must be willing and able to do their part. To be adequately prepared, contractors must be able (1) to make out claims and (2) to process claims of their subcontractors and suppliers."

Bills And Notes - Effect Of Unreasonable Delay In Presentment For Payment Of Demand Notes And Bills Of Exchange, Lloyd M. Forster

Michigan Law Review

The Negotiable Instruments Law, section 71, provides: "Where [the instrument] is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof." This section raises some extremely complex problems: (1) Can the discharge of the contractual liability of the drawer and all indorsers of a demand bill of exchange be indefinitely postponed by successive negotiations, each within a reasonable time after the last? (2) Can the liability of the drawer …

Doctrine Of Bad Faith In The Law Of Negotiable Instruments, George W. Rightmire

Michigan Law Review

This rule is now enacted in all but two of the states of the United States; the history of its development and of its application since it became undisputed is well illustrative of the process of the common law system, and this discussion is undertaken for the purpose of discovering the general principles which a trial court should have in mind when charging a jury in a case involving the application of this doctrine.

A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster

Articles

In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,000 was raised at this meeting of merchants and ship owners to fight the movement for …