Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Chicago-Kent College of Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1711 - 1740 of 5733

Full-Text Articles in Law

Unauthorized Payment Transactions And Who Should Bear The Losses, Francis J. Facciolo Apr 2008

Unauthorized Payment Transactions And Who Should Bear The Losses, Francis J. Facciolo

Chicago-Kent Law Review

This article is concerned with how losses should be allocated between holders of accounts that are implicated in payment systems and the financial institutions that participate in the payment systems by acting as intermediaries between ac- count holders. The rules involving payment systems show a wide range of divergent approaches. In the period before a transaction is executed, some payment systems take the possible negligence of an account holder into account in allocating losses for unauthorized payment transactions. The checking system is the classic case. In contrast, the Truth-in-Lending Act and the Electronic Fund Transfer Act both ignore the negligence …


Restitution And Final Payment, Andrew Kull Apr 2008

Restitution And Final Payment, Andrew Kull

Chicago-Kent Law Review

"Final payment" occurs when a payee acquires ownership of the money paid, so that payment can no longer be revoked by the payor or recovered by self-help. But final payment in this sense is not the end of the story, because a person who has made a payment as a result of fraud or mistake has a prima facie claim in restitution to get the money back. "Final payment" is therefore the point at which restitution begins. Finality in a different sense—meaning the point at which a payee is protected from a liability in restitution—is determined by standard affirmative defenses, …


Unification Of Payments Law And The Problem Of Insolvency Risk In Payment Systems, James Steven Rogers Apr 2008

Unification Of Payments Law And The Problem Of Insolvency Risk In Payment Systems, James Steven Rogers

Chicago-Kent Law Review

The law of payment systems is currently quite fractionalized. Different legal regimes apply to different payment systems, although the differences among the systems are obscure to the ordinary user. This article considers some aspects of the question whether unification is feasible. The discussion begins with some general issues, such as whether it makes sense to frame the issue as whether payment systems should be "regulated," or whether all rules for different payment systems should be uniform. The discussion then turns to one specific issue: who should bear the risk of insolvency of payment system providers? Private law cannot eliminate the …


Confusion And Convergence In Consumer Payments: Is Coherence In Error Resolution Appropriate?, Anita Ramasastry Apr 2008

Confusion And Convergence In Consumer Payments: Is Coherence In Error Resolution Appropriate?, Anita Ramasastry

Chicago-Kent Law Review

At present, there are no uniform rules governing retail payment systems in the United States. Checks, credit cards, debit cards, and new types of payment systems—such as stored-value cards and prepaid cards—are governed by different rules and provide consumers with varying protections. In addition, several phenomena may have confused consumers about the type of consumer protections they have when using different payment systems. First, new types of intermediaries have developed—such as online funds transmission and electronic bill presentment and payment—that piggyback on existing payment systems. Second, electronic check conversion systems may convert customer checks into a different payment system—electronic funds …


Late Charges, Regular Billing, And Reasonable Consumers: A Rationale For A Late Payment Act, Norman I. Silber Apr 2008

Late Charges, Regular Billing, And Reasonable Consumers: A Rationale For A Late Payment Act, Norman I. Silber

Chicago-Kent Law Review

This article considers the reasonable behavior of consumers in relation to law and the policies that tolerate the assessment of late payment penalties, fees, and surcharges. Attention is trained principally on the inadequately-regulated cycle of creditor billing and debtor repayment practices, setting aside the problem of the magnitude of late fees. It is apparent from this study that the problems associated with late fee billing cycles cut a wide swath of recurring debt repayment—telephone, electricity, and water bills, for example—and, more importantly, this article argues that the variety of different demands on consumers interacts to magnify consumer difficulties. The article …


Commentary: Technology As The Driver Of Payment System Rules: Will Consumers Be Provided Seatbelts And Air Bags?, Mark E. Budnitz Apr 2008

Commentary: Technology As The Driver Of Payment System Rules: Will Consumers Be Provided Seatbelts And Air Bags?, Mark E. Budnitz

Chicago-Kent Law Review

This commentary describes how technology has led to the development of new payment devices and systems, resulting in a complicated body of public and private payments law. In this environment, consumers have little control over how businesses and financial institutions will process their payment instruments. They are subject to adhesion contracts that contain onerous terms. Because of a lack of transparency, it is difficult for consumers to understand the legal consequences of using one payment device over another. Drawing upon the articles in this symposium, the commentary discusses how much responsibility the law should impose on consumers and how much …


Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler Apr 2008

Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler

Chicago-Kent Law Review

Religion in the workplace tends to make us uneasy-an intruder in a world of Weberian rationality. Nevertheless, while relatively few of us realize it, our labor and employment law has a strongly religious foundation, without which we would have little of the legal structure with which we are familiar. In this address, I will expose this foundation, and suggest that we only fully can understand the dynamics of the law in this area in light of the religious influences that gave our law its form. Secondly, I will suggest that the crisis that employment law finds itself in—and not just …


Reimagining Payment Systems: Allocation Of Risk For Unauthorized Payment Inception, Linda J. Rusch Apr 2008

Reimagining Payment Systems: Allocation Of Risk For Unauthorized Payment Inception, Linda J. Rusch

Chicago-Kent Law Review

Payment systems have evolved as new mechanisms for transferring value have been created. The legal infrastructure supporting those mechanisms has evolved in a piecemeal fashion resulting in very different risk allocations depending upon the mechanism used to transfer value. This article argues that the time has come to revise payments law to address the risk allocation issues in a direct fashion based upon uniform policy positions, regardless of the mechanism used to transfer value. To illustrate that concept, an approach to drafting statutory language for drafting allocation of risk from unauthorized payment inceptions is proposed.


Payment Finality And Discharge In Funds Transfers, Benjamin Geva Apr 2008

Payment Finality And Discharge In Funds Transfers, Benjamin Geva

Chicago-Kent Law Review

The article explores the occurrence of "final payment" in funds transfers in the form of "accountability" by a bank instructed to pay to a payee/beneficiary. Both the accountability of the drawee/payor bank in a check-collection debit-pull system and that of the beneficiary's bank in a wire-transfer credit-push system are discussed. The article further examines the relationship between "final payment" and the discharge of an obligation paid by means of the "funds transfer." It analyzes relevant provisions of Articles 3, 4, and 4A of the Uniform Commercial Code, sometimes against the background of general common law principles. The article proposes minor …


An International And Islamic Perspective Of Hamas, Amy Chiang Apr 2008

An International And Islamic Perspective Of Hamas, Amy Chiang

Chicago-Kent Law Review

Few other groups spark as much controversy as Hamas. While it won Parliamentary elections in January of 2006, its militant tactics have earned it widespread condemnation from most of the international community. However, using international law alone will not convince Hamas to renounce violence because Hamas claims to derive its principles from Islamic law. This note explores and applies international and Islamic law to Hamas's tactics and concludes that they can both be used to convince Hamas to renounce violence and restart the peace process.


Uniformity And Diversity In Payment Systems, Clayton P. Gillette, Steven D. Walt Apr 2008

Uniformity And Diversity In Payment Systems, Clayton P. Gillette, Steven D. Walt

Chicago-Kent Law Review

The rules governing the transfer of value between users of payment systems differ among payment systems. Rules allocating loss from unauthorized payment, erroneous payment, and the reversibility of payment vary according to whether payment is made by check, credit or debit card, wholesale wire transfer, or letter of credit. Thirty-five years after the New Payments Code failed to attract enough support to become law, academics and practitioners recently have proposed that payment system rules be uniform. This Article rejects this initially attractive position. It argues that the optimal standardization of payment system rules allows diverse rules among payment systems. The …


Duty Issues In The Ever-Changing World Of Payments Processing: Is It Time For New Rules?, Sarah Jane Hughes Apr 2008

Duty Issues In The Ever-Changing World Of Payments Processing: Is It Time For New Rules?, Sarah Jane Hughes

Chicago-Kent Law Review

As payments systems proliferate and become increasingly dependent on the electronic transmission of data or images to the bank that represents the obligor, obligors have lost control over the systems of laws that govern their payments transactions. This article forecasts a trend away from the common law approaches of measuring the behaviors of payments intermediaries—depositary banks and payor banks as well as systems such as the automated clearing houses—by means of the concepts of "good faith" and "ordinary care," long staples of payments under the Uniform Commercial Code, in favor of brighter-line standards such as those that the National Automated …


Riding The Tiger: A Comparison Of Intellectual Property Rights In The United States And The People's Republic Of China, Jennifer A. Crane Apr 2008

Riding The Tiger: A Comparison Of Intellectual Property Rights In The United States And The People's Republic Of China, Jennifer A. Crane

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Lending A Hand: The Need For Public Participation In Patent Examination And Beyond, Matthew John Duane Apr 2008

Lending A Hand: The Need For Public Participation In Patent Examination And Beyond, Matthew John Duane

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reviving Fair Use: Why Sony's Expansion Of Fair Use Sparked The File-Sharing Craze, Christopher Alan Howe Apr 2008

Reviving Fair Use: Why Sony's Expansion Of Fair Use Sparked The File-Sharing Craze, Christopher Alan Howe

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Public-Private Partnerships And Insurance Regulation, Alexander A. Boni-Saenz Mar 2008

Public-Private Partnerships And Insurance Regulation, Alexander A. Boni-Saenz

All Faculty Scholarship

A public-private partnership (PPP) is an institutional arrangement that embodies a collaborative approach to policy and regulation; it is a joint venture between the government and one or more private sector entities. Joint financing partnerships link public financing and private insurance to pay for certain social goods. Where the financing for social goods is fragmented and overlapping, as it is for health and social care, joint financing PPPs may help organize existing financing streams. This piece argues that partnerships of this type also present an opportunity for consumer-protective regulation of the insurance industry if certain conditions are met. Private insurers …


Tales From The Crypt: Scientific, Ethical, And Legal Considerations For Biohistorical Analysis Of Deceased Historical Figures, Lori B. Andrews, Jordan K. Paradise Jan 2008

Tales From The Crypt: Scientific, Ethical, And Legal Considerations For Biohistorical Analysis Of Deceased Historical Figures, Lori B. Andrews, Jordan K. Paradise

All Faculty Scholarship

Biohistorical analysis involves using historic specimens of human remains or human material extracted or derived from historical artifacts to gather evidence about specimens that are identifiable or at least attributed to a historic figure at the time of the research. Biohistorical studies are being undertaken for myriad reasons, such as identification and authentication of remains, investigation into alleged criminal behavior, investigation into medical or psychological conditions, and even for purposes of commercialization. This article analyzes federal statutes, case law, and codes and guidelines from twenty-six professional organizations and societies informative to the field of biohistory. We surveyed the field, identified …


The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan Jan 2008

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat Jan 2008

Do Cognitive Biases Affect Adjudication?: A Study Of Labor Arbitrators (With Monica Biernat), Martin H. Malin, Monica Biernat

All Faculty Scholarship

Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline or discharge of an employee resulting from a work-family conflict. Arbitrators were randomly given versions of the cases in which the gender and one other characteristivc of the employee were varied. The results showed little evidence of direct gender bias in decision-making but did reflect bias against single parents and employees with eldercare, as opposed to childcare, responsibilities. Implications for other adjudicators, including judges, jurors and administrative agency officials are discussed.


The Fortunes And Foibles Of Exchange-Traded Funds: A Positive Market Response To The Problems Of Mutual Funds, William A. Birdthistle Jan 2008

The Fortunes And Foibles Of Exchange-Traded Funds: A Positive Market Response To The Problems Of Mutual Funds, William A. Birdthistle

All Faculty Scholarship

One of the most dynamic and complex new investment vehicles on the market today is the exchange-traded fund (ETF), a security that provides the diversification of a mutual fund but trades on a securities exchange like a stock. In just fifteen years, the number of ETFs has proliferated to well over 600, attracting more than half a trillion dollars in investment. The majority of that expansion has occurred in just the past two years, largely as a consequence of recent difficulties in the mutual fund industry. With ETF sponsors aggressively seeking to create novel kinds of ETFs and to add …


Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman Jan 2008

Resolving The Spent Fuel Issue For New Nuclear Power Plants, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Accessing Government: How Difficult Is It? Citizen Advocacy Center 2008) (With T. Pastika)., Natalie Brouwer Potts Jan 2008

Accessing Government: How Difficult Is It? Citizen Advocacy Center 2008) (With T. Pastika)., Natalie Brouwer Potts

All Faculty Scholarship

No abstract provided.


Hedonic Adaptation And The Settlement Of Civil Lawsuits (With J. Bronsteen & J. Masur), Christopher J. Buccafusco Jan 2008

Hedonic Adaptation And The Settlement Of Civil Lawsuits (With J. Bronsteen & J. Masur), Christopher J. Buccafusco

All Faculty Scholarship

This paper examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on a previously overlooked aspect of the civil litigation process: the probability of pre-trial settlement. The glacial pace of civil litigation is commonly thought of as a regrettable source of costs to the relevant parties. Even relatively straightforward personal injury lawsuits can last for as long as two years, delaying the arrival of necessary redress to the tort victim and forcing the litigants to expend ever greater …


China - Measures Affecting Imports Of Automobile Parts, Sungjoon Cho Jan 2008

China - Measures Affecting Imports Of Automobile Parts, Sungjoon Cho

All Faculty Scholarship

No abstract provided.


Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber Jan 2008

Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber

All Faculty Scholarship

China has been considering enactment of an anti-monopoly (antitrust) law since 1993, and it has now enacted such a law. Given the potential importance of this legislation, there is much uncertainty about what the enactment means and what roles it is likely to play in influencing the development of the Chinese economy. This article applies a neo-institutionalist analysis in examining some of the factors that have influenced the shaping of the legislation and that are likely to influence the operation of competition law and its organizations. The main argument is that the central dynamic in both the creation of the …


The Future Of Article 82: Dissecting The Conflict, David J. Gerber Jan 2008

The Future Of Article 82: Dissecting The Conflict, David J. Gerber

All Faculty Scholarship

Underlying the recurring debates over the future of Article 82 EC are competing images of what its goals are and should be. Such debates about the interpretation and application of Article 82 are not new, and they are also not likely to end, because the legal concept of “abuse” is sufficiently abstract and capacious to allow multiple conceptions of its goals. Where goals become contested and controversial, however, debates can lead to confusion and uncertainty rather than progress in thinking about the issues, and this threatens to occur in the context of discussions of Article 82 and its future. Clashing …


Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber Jan 2008

Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber

All Faculty Scholarship

In European competition law, the term "modernization" has been a catchword and focus of attention since the late 1990s. Usually, the reference is to "procedural" or "institutional" modernization. The European Commission used the term "modernization" in referring to the important set of changes in the institutional structure and procedures of competition law that it introduced in 2004, and it has fundamentally changed important procedures for developing and applying competition law in Europe. During the same period in which this form of modernization was proceeding, another form of "modernization" was also taking shape that represents a fundamental reorientation of much of …


Warming Up To User-Generated Content, Edward Lee Jan 2008

Warming Up To User-Generated Content, Edward Lee

All Faculty Scholarship

The most significant copyright development of the twenty first century has not arisen through any law enacted by Congress or opinion rendered by the Supreme Court. Instead, it has come from the unorganized, informal practices of various, unrelated users of copyrighted works, many of whom probably know next to nothing about copyright law. In order to comprehend this paradox, one must look at what is popularly known as "Web 2.0," and the growth of user-generated content in blogs, wikis, podcasts, "mashup" videos, and social networking sites like Facebook and MySpace. Although users often create new works of their own, sometimes …


Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin Jan 2008

Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod Jan 2008

Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.