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Full-Text Articles in Law

Crowdfunding Without The Crowd, Darian M. Ibrahim Jun 2017

Crowdfunding Without The Crowd, Darian M. Ibrahim

Faculty Publications

The final crowdfunding rules took three years for the Securites and Exchange Commission to pass, but crowdfunding—the offering of securities over the Internet—is now a reality. But now that crowdfunding is legal, will it be successful? Will crowdfunding be a regular means by which new companies raise money, or will it be relegated to a wasteland of the worst startups and foolish investors? This Article argues that crowdfunding has a greater chance of success if regulators abandon the idea that the practice does (and should) employ “crowd-based wisdom.” Instead, I argue that crowdfunding needs intermediation by experts that mirrors the …


Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese Jul 2013

Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese

Faculty Publications

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the Supreme Court reversed Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911), which had banned minimum resale price maintenance (“minimum RPM”) as unlawful per se. For many, Leegin was a straightforward exercise of the Court’s long-recognized authority, implied by the Sherman Act’s rule of reason, to adjust antitrust doctrine in light of new economic learning. In particular, Leegin invoked the teachings of transaction cost economics (“TCE”), which holds that many non-standard agreements, including minimum RPM, are voluntary mechanisms …


They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield Jul 2010

They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield

Faculty Publications

No abstract provided.


Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne Apr 2009

Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne

Faculty Publications

No abstract provided.


The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl Nov 2008

The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl

Faculty Publications

This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …


To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne Oct 2002

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Publications

No abstract provided.


Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese Oct 1999

Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese

Faculty Publications

Most scholars would agree that a merger between General Motors and Ford should not be judged solely by Delaware corporate law, even if both firms are incorporated in Delaware. Leaving the standards governing such mergers to state law would assuredly produce a race to the bottom that would result in unduly permissive treatment of such transactions. Similarly, if the two firms agreed to divide markets, most would agree that some regulatory authority other than Michigan or Delaware should have the final word on the agreement. Thus, in order to forestall monopoly or its equivalent, the national government must itself exercise …


Commercial Codification As Negotiation, Peter A. Alces, David Frisch Oct 1998

Commercial Codification As Negotiation, Peter A. Alces, David Frisch

Faculty Publications

No abstract provided.


Quo Vadis, Posadas?, William W. Van Alstyne Apr 1998

Quo Vadis, Posadas?, William W. Van Alstyne

Faculty Publications

No abstract provided.


Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch Jan 1997

Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch

Faculty Publications

No abstract provided.


International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala Jan 1996

International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala

Faculty Publications

No abstract provided.


Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne Jan 1996

Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne

Faculty Publications

No abstract provided.


Abolish The Article 9 Filing System, Peter A. Alces Jan 1995

Abolish The Article 9 Filing System, Peter A. Alces

Faculty Publications

No abstract provided.


An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces Jan 1993

An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces

Faculty Publications

In this article, Professor Peter A. Alces investigates the tension that exists between the independent and interdependent nature of contractual relations arising in suretyship agreements and letter of credit transactions. This discussion is particularly timely as the American Law Institute is currently revising both the Restatement of the Law of Suretyship and Article 5 of the Uniform Commercial Code, "Letters of Credit." This article discerns a basic incongruity between the two revisions' treatment of interrelated multiple party rights and discusses the consequences that this incongruity can be expected to have upon commercial transactions.


Roll Over, Llewellyn?, Peter A. Alces Jan 1993

Roll Over, Llewellyn?, Peter A. Alces

Faculty Publications

No abstract provided.


Clearer Conceptions Of Insider Preferences, Peter A. Alces Jan 1993

Clearer Conceptions Of Insider Preferences, Peter A. Alces

Faculty Publications

No abstract provided.


An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd Apr 1991

An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd

Faculty Publications

No abstract provided.


The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces Apr 1990

The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces

Faculty Publications

No abstract provided.


Fraud Bases Of Bulk Transferee Liability, Peter A. Alces Jan 1990

Fraud Bases Of Bulk Transferee Liability, Peter A. Alces

Faculty Publications

No abstract provided.


Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces Apr 1988

Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces

Faculty Publications

No abstract provided.


Generic Fraud And The Uniform Fraudulent Transfer Act, Peter A. Alces Jan 1987

Generic Fraud And The Uniform Fraudulent Transfer Act, Peter A. Alces

Faculty Publications

No abstract provided.


The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger Jan 1985

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr Jan 1985

A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr

Faculty Publications

No abstract provided.


Ucc And Me In Process, Ingrid Michelsen Hillinger Apr 1984

Ucc And Me In Process, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces Jan 1984

A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces

Faculty Publications

No abstract provided.


White Collar Crime: A Legal Overview, Paul Marcus Apr 1983

White Collar Crime: A Legal Overview, Paul Marcus

Faculty Publications

No abstract provided.


The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger Mar 1983

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces Jan 1983

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …


Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan Jan 1980

Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan

Faculty Publications

No abstract provided.


Contracts And Sales, Joseph Curtis Jan 1967

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.