Law Commons^™

Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge

Mark Edwin Burge

As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This Article argues, however, that the legal and market developments of the last several decades in payment systems provide compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public law regulatory scheme for payment systems, exemplified by Articles 3 and 4 of the Uniform Commercial …

Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge

Mark Edwin Burge

The Model Business Corporation Act And Corporate Governance: An Enabling Statute Moves Toward Normative Standards, John Olson, Aaron Briggs

John Olson

No abstract provided.

Promoting Commercial Law Reform In Eastern Europe, Samuel Bufford

Hon. Samuel L. Bufford

This article is my account of what I did in a decade of advising governments and teaching judicial seminars on commercial law matters in Central and Eastern Europe, beginning in 1991. This article contains my individual reflections on more than a dozen visits to developing countries in Central and Eastern Europe to advise governments and to educate their judges, and several visits of judges from some of those countries to the United States. In many ways, my experiences are typical of United States judges who have done the same kind of work in developing countries. In some ways, my experiences …

Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Anarchy, Order, And Trade: A Structuralist Account Of Why A Global Commercial Legal Order Is Emerging, Bryan H. Druzin

Bryan H. Druzin

While still fragmented, we are witnessing the emergence of a global commercial legal order independent of any one national legal system. This process is unfolding both on the macro-level of state actors as well as that of private individuals and organizations. On the macro-level, the sources of this legal order are complex international agreements; on the micro-level, private contracts employing commercial customary practices and arbitration are driving this process forward. Yet there is no comparable evolution occurring (in any substantial sense) in non-commercial areas of law such as criminal, tort, or family law. There is an overall asymmetry in the …

In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program, Thomas Stipanowich

Thomas J. Stipanowich

The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …

A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis

Charles C. Lewis

As its title suggests, this article is intended merely as a preview of revised Article 3. It will begin with some overall comments about revised Article 3, specifically about the extent and significance of the revision. It then will discuss specific examples from revised Article 3 to illustrate how the revision affects present Article 3 and how it furthers the goals of the NCCUSL and the ALI. It will also include references to present North Carolina case law or statutory law that may be affected by the revision. If this preview conveys to the BAR at least a taste of …

Resolving The World’S Commercial Disputes: An Integrated Model For E–Learning And Odr, Ann Woodley

Ann Woodley

No abstract provided.

Internet Law For The Business Lawyer, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet

Christopher K. Odinet

An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers

James S. Rogers

As practices change, so too must the language and concepts that define and describe them. That is the lesson to be drawn from the past few decades’ work on the commercial law of investment securities. Article 8 is the first article of the Uniform Commercial Code to reach a third generation. There is the original version, the 1978 version, and now the 1994 version. The original version was based on the traditional system in which buyers and sellers effected transfer of securities by physical delivery of certificates. The 1978 version added new provisions dealing with “uncertificated securities.” Then the 1994 …

Goodwill Hunting In Passing Off: Time To Jettison The Strict "Hard Line" Approach In England?, Cheng Lim Saw

Cheng L Saw

Lawyers in the Commonwealth are all too familiar with the common law action in passing off, which has been described as “the oldest of the modern legal regimes for the protection of trade symbols”. To bring an action in passing off, a claimant must establish the “classical trinity”: goodwill, misrepresentation and damage. The subject under discussion in this article, however, relates principally to the first of these elements (i.e. goodwill), and, more specifically, addresses the question as to whether a foreign trader, who may not be carrying on business in the jurisdiction, can nevertheless assert that he enjoys goodwill therein. …

Law Without The State: The Theory Of High Engagement And The Emergence Of Spontaneous Legal Order Within Commercial Systems, Bryan H. Druzin

Bryan H. Druzin

Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Our Mini-Theme: O Canada, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher

Dave De ruysscher

During the seventeenth and eighteenth centuries, the urban law of Antwerp that had been written down in a 1582 law book influenced the law of the city of Amsterdam. Although the Antwerp law has often been considered as the law in force in the Amstel city in that period, its role was actually more limited. At the end of the sixteenth century and during the first half of the seventeenth century, sections contained in the 1582 Antwerp compilation were used by the Amsterdam judges as common and subsidiary applicable rules for certain commercial issues. Later on, as the Amsterdam legislator …

Buying Commercial Law: Choice Of Forum, Choice Of Law, And Network Effect, Bryan H. Druzin

Bryan H. Druzin

Cyberspace Law Survey: Introduction, Juliet Moringiello, Michael Fleming

Juliet M Moringiello

No abstract provided.

Mgm Studios, Inc. V. Grokster, Ltd., 545 U.S. 913 (2005), Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Towards A System Of Estates In Virtual Property, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Robyn L. Meadows, Russell A. Hakes, Stephn L. Sepinuck

Robyn L Meadows

No abstract provided.

False Categories In Commercial Law: The (Ir)Relevance Of (In)Tangibility, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Russell A. Hakes, Stephen L. Sepinuck, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

Contracts, Payments And What To Do With All That Data: Introduction To The 2006 Cyberspace Survey, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Keith A. Rowley, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes

Robyn L Meadows

No abstract provided.

Grasping Intangibles: Domain Names And Creditors’ Rights, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Delivering Legality On The Internet: Developing Principles For The Private Provision Of Commercial Law, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.