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Articles 1 - 7 of 7

Full-Text Articles in Law

Louisiana Homestead Exemption Waiver Will Not Yield Intended Federal Income Tax Break, Susan Kalinka Feb 2000

Louisiana Homestead Exemption Waiver Will Not Yield Intended Federal Income Tax Break, Susan Kalinka

Louisiana Law Review

No abstract provided.


The Court Giveth And The Court Taketh Away: State V. Fernandez - Returning Louisiana's Children To An Adult Standard, Penelope Alysse Brobst Feb 2000

The Court Giveth And The Court Taketh Away: State V. Fernandez - Returning Louisiana's Children To An Adult Standard, Penelope Alysse Brobst

Louisiana Law Review

No abstract provided.


The Clean Air Act, Sovereign Immunity, And Sleight Of Hand In The Sixth Circuit: United States V. Tennessee Air Pollution Control Board, Stephan J. Schlegelmilch Jan 2000

The Clean Air Act, Sovereign Immunity, And Sleight Of Hand In The Sixth Circuit: United States V. Tennessee Air Pollution Control Board, Stephan J. Schlegelmilch

Case Western Reserve Law Review

No abstract provided.


Reconciling The Old Theory And The New Evidence: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Jacob I. Corré Jan 2000

Reconciling The Old Theory And The New Evidence: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Jacob I. Corré

Michigan Law Review

Ronald Mann's thorough research and rigorous analysis provide compelling evidence that the commercial letter of credit does not further the fundamental purpose traditionally associated with it. Equally persuasive are his hypotheses about the functions that letters of credit actually serve in the real world. The objective statistics are startling. An overwhelming majority of letter of credit seller-beneficiaries make at least initial presentations to issuing or correspondent banks that by the express terms of the letter of credit do not entitle the seller to payment. Without a waiver from its customer, the issuing bank is legally entitled to, and surely will …


The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann Jan 2000

The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann

Michigan Law Review

Common justifications for the use of the letter of credit fail to explain its widespread use. The classic explanation claims that the letter of credit provides an effective assurance of payment from a financially responsible third party. In that story, the seller - a Taiwanese clothing manufacturer, for example - fears that the overseas buyer - Wal-Mart - will refuse to pay once the goods have been shipped. Cross-border transactions magnify the concern, because the difficulties of litigating in a distant forum will hinder the manufacturer's efforts to force the distant buyer to pay. The manufacturer-seller solves that problem by …


Broadening The Scope Of The Foreign Sovereign Immunities Act: The Explicit Waiver Provision And Limited Foreign Submissions To Domestic Litigation In Aquamar S.A. V. Del Monte Fresh Produce, Inc., Barry L. Mccoy Jan 2000

Broadening The Scope Of The Foreign Sovereign Immunities Act: The Explicit Waiver Provision And Limited Foreign Submissions To Domestic Litigation In Aquamar S.A. V. Del Monte Fresh Produce, Inc., Barry L. Mccoy

Villanova Law Review

No abstract provided.


Informality As A Bilateral Assurance Mechanism: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Avery Wiener Katz Jan 2000

Informality As A Bilateral Assurance Mechanism: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Avery Wiener Katz

Michigan Law Review

Ronald Mann's study of documentary defects in the presentation of commercial letters of credit is a valuable contribution to the commercial law literature in at least three respects. First, it offers a detailed and thorough empirical survey of an important though specialized aspect of commercial practice. Mann collected and coded a data sample of 500 randomly selected letter-of-credit transactions, personally evaluating each transaction to determine whether the documentary presentation by the beneficiary of the letter of credit (i.e., the seller) complied with the letter's formal terms. Then, for each case in which he found one or more documentary defects, Mann …