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Articles 1801 - 1809 of 1809
Full-Text Articles in Law
Security Transfers By Secured Parties, David G. Epstein
Security Transfers By Secured Parties, David G. Epstein
Law Faculty Publications
While no Uniform Commercial Code section specifically so provides, the Code clearly contemplates transfer by secured parties of their interest arising under security agreements, and these transfers commonly occur. Yet the legal ramifications of such transfers are to a large extent unknown because of the silence of the Code and the absence of both reported decisions and secondary authorities. This article will examine one type of transfer by secured parties-transfers by secured parties to secure payment of an indebtedness.
Proceeding Under The Uniform Commercial Code, David G. Epstein
Proceeding Under The Uniform Commercial Code, David G. Epstein
Law Faculty Publications
The Uniform Commercial Code is the "most important piece of business legislation ever prepared in the United States .... " "Article 9 is the most novel and probably the most important article in the Code." "The greatest change under the Code will probably come about in due time because of the so-called 'floating lien' "made possible in part by the Code's proceeds provision, section 9-306. The proceeds provision represents an innovation significant to both debtors and creditors. For example, in order to carry on his business, the borrower who avails himself of inventory financing often desires some right to dispose …
The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy
The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy
Law Faculty Publications
Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.
Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from Chief …
Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein
Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein
Law Faculty Publications
The past decade has seen dramatic developments in the law of products liability. There has been liberalization of the exclusive control requirement of res ipsa Ioquitur, Iegislative and judicial relaxation of the privity requirement, and creation of a new theory of recovery - strict liability in tort. Consequently, many jurisdictions now offer three theories of recovery to persons injured through use of a defective product: negligence, breach of warranty, and strict liability in tort. Although the recent products liability developments have been extensively treated both by courts and by commentators, numerous problems remain. One of the most pressing problems is …
Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson
Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson
Law Faculty Publications
This year's survey of Administrative Law focuses upon the four cases involving administrative agencies or municipal corporations decided last term by courts sitting in Virginia. Though few in number, the cases presented a wide range of issues including the review of a determination of the State Corporation Commission on an application for a branch bank, a condemnation case, the availability of a tort remedy against a municipal corporation and a contest over the constitutionality of the Virginia Industrial Building Authority.
Strict Liability In Tort: A Modest Proposal, David G. Epstein
Strict Liability In Tort: A Modest Proposal, David G. Epstein
Law Faculty Publications
Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
Law Faculty Publications
The right of a nonresident alien to take real or personal property through testamentary bequest or intestate succession is regulated in this country by the laws of the states in which the property is located or the estate is probated. Many of the individual states of the Union demand that a potential foreign beneficiary establish, as a condition precedent to receipt of his inheritance share, compliance with an established statutory scheme. Often these regulatory measures require the existence of circumstances over which the alien, as an individual, has no, or at best minimal, control. The nonresident alien's ability to take …
Impasse In Collective Bargaining, David G. Epstein
Impasse In Collective Bargaining, David G. Epstein
Law Faculty Publications
The word "impasse" is an important part of the working vocabulary of all practitioners and students of labor relations. Although numerous trial examiner reports, board orders, court decisions and commentators have used the term impasse, the concept has never been discussed at length. In NLRB v. TexTan, Inc., the Fifth Circuit described "impasse" as "a state of facts in which the parties, despite the best of faith, are simply deadlocked." The Tex-Tan definition, while accurate, is of limited practical significance. It adds little to the definition of impasse that might be found in almost any standard desk dictionary. The only …
Police Interrogation: A Psychoanalytic View, Philipp Brockington
Police Interrogation: A Psychoanalytic View, Philipp Brockington
Law Faculty Publications
No abstract provided.