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Articles 1 - 30 of 30
Full-Text Articles in Law
Trans-Pacific Partnership: Continuity And Breakthroughs In U.S. Investment Treaty Practice, Charles Hendrickson Brower Ii
Trans-Pacific Partnership: Continuity And Breakthroughs In U.S. Investment Treaty Practice, Charles Hendrickson Brower Ii
Law Faculty Research Publications
In October 2015, the United States completed negotiations for the Trans- Pacific Partnership (“TPP”), a free trade agreement among twelve Pacific Rim states.1 According to the White House, TPP will “rewrite the rules of trade,” will include “high standards . . . that . . . upgrade our existing agreements,” and will “have a profound impact on . . . how we invest in the developing world.”2 By contrast, the leading presidential candidates from both parties offer distinctly negative assessments of TPP. Hillary Clinton has opined that TPP does not meet the “very high” bar she would set for producing …
Dealing With Corporate Misconduct, Peter J. Henning
Dealing With Corporate Misconduct, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
A New Crime For Corporate Misconduct?, Peter J. Henning
A New Crime For Corporate Misconduct?, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Hollow Spaces, Charles H. Brower Ii
Hollow Spaces, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Be Careful What You Wish For: Thoughts On A Compliance Defense Under The Foreign Corrupt Practices Act, Peter J. Henning
Be Careful What You Wish For: Thoughts On A Compliance Defense Under The Foreign Corrupt Practices Act, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption, John F. Dolan
Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption, John F. Dolan
Law Faculty Research Publications
In this article, Professor Dolan maintains that UCC Article 5 fashions a comprehensive remedy scheme for recurring damages claims in letter of credit litigation. That scheme, he contends, is upset by the introduction of most common law causes of action in Article 5 litigation. He concludes, therefore, that courts should not entertain those common law claims, which he sees as destructive of letter of credit law and of the unique commercial nature of letters of credit. Using the economic loss doctrine and similar theories, he urges courts to dismiss actions brought in addition to or in lieu of the remedies …
Why The Ftc Notes Of Interpretation Constitute A Partial Amendment Of Nafta Article 1105, Charles H. Brower Ii
Why The Ftc Notes Of Interpretation Constitute A Partial Amendment Of Nafta Article 1105, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Intellectual Property: Trade Secrets And The Federal Tort Claims Act/Dd Form 882 Over Substance: Caveat Forfeiture, Katherine E. White
Intellectual Property: Trade Secrets And The Federal Tort Claims Act/Dd Form 882 Over Substance: Caveat Forfeiture, Katherine E. White
Law Faculty Research Publications
No abstract provided.
Re-Embodying Law, Steven L. Winter
Re-Embodying Law, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Putting Sec Heat On Corporate Tax Shelters And Audit Firms: Responding To Tax Risk With Sunshine, Shame And Strict Liability, Linda M. Beale
Putting Sec Heat On Corporate Tax Shelters And Audit Firms: Responding To Tax Risk With Sunshine, Shame And Strict Liability, Linda M. Beale
Law Faculty Research Publications
No abstract provided.
Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas
Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Beware The Jabberwock: A Reply To Mr. Thomas, Charles H. Brower Ii
Beware The Jabberwock: A Reply To Mr. Thomas, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Ftc Unfairness: An Essay, Stephen Calkins
Ftc Unfairness: An Essay, Stephen Calkins
Law Faculty Research Publications
No abstract provided.
Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan
Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan
Law Faculty Research Publications
No abstract provided.
Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer
Questioning Traditional Antitrust Presumptions: Price And Non-Price Competition In Hospital Markets, Peter J. Hammer
Law Faculty Research Publications
Hospital mergers challenge basic assumptions about the effects of market power in the health care industry. Antitrust courts have struggled with claims that hospital mergers may in fact reduce costs and lower prices. This Article assesses the validity of these economic claims in the context of an industry that has undergone radical transformations in recent years. The Article also explores how such arguments should be treated as a matter of antitrust doctrine in an area of the law that relies heavily on market share presumptions and rule-based decision making. The Article contends that courts should employ a total welfare standard …
Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer
Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer
Law Faculty Research Publications
As American health care moves from a professionally dominated to a marketdominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of …
Revisiting Rejection: Secured Party Interests In Leases And Executory Contracts, Laura B. Bartell
Revisiting Rejection: Secured Party Interests In Leases And Executory Contracts, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Integrating Alternative Dispute Resolution Into The Bankruptcy Curriculum, Peter C. Alexander, Peter N. Kutulakis, Robert M. Ackerman
Integrating Alternative Dispute Resolution Into The Bankruptcy Curriculum, Peter C. Alexander, Peter N. Kutulakis, Robert M. Ackerman
Law Faculty Research Publications
No abstract provided.
Teaching Commercial Law In The Third Year: A Short Report On A Business Organizations Commercial Law Clinic, John F. Dolan, Russell A. Mcnair Jr.
Teaching Commercial Law In The Third Year: A Short Report On A Business Organizations Commercial Law Clinic, John F. Dolan, Russell A. Mcnair Jr.
Law Faculty Research Publications
No abstract provided.
Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan
Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan
Law Faculty Research Publications
No abstract provided.
The Ucc's Consignment Rule Needs An Exception For Consumers, John F. Dolan
The Ucc's Consignment Rule Needs An Exception For Consumers, John F. Dolan
Law Faculty Research Publications
No abstract provided.
Constitutional Protection Of Commercial Speech, Jonathan Weinberg
Constitutional Protection Of Commercial Speech, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Good Faith Purchase Study: True Owners And The Warehouse Lien, John Dolan
Good Faith Purchase Study: True Owners And The Warehouse Lien, John Dolan
Law Faculty Research Publications
The commercial concept of good faith purchase has been an effective doctrine in the law of property and contract for facilitating changes necessary to a dynamic mercantile system. Today the concept finds itself under attack. Professor Gilmore, whose definitive review of the doctrine twenty-seven years ago has been required reading, now warns that the idea may have outlived its usefulness in some areas. He and others would, for example, restrict severely its application in the law of "negotiable" instruments.
At its elementary level, the good faith purchase doctrine depends on the question of possession. That question, in turn, rests on …
Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan
Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan
Law Faculty Research Publications
As they do each year, Michigan courts decided a number of commercial law cases during the survey period. Several of the cases are significant opinions which either raise questions or carry significant implications for Michigan's commercial lawyers. This survey selects those significant cases, attempts to answer the questions raised, and probes the implications of the decisions.
The Ucc Framework: Conveyancing Principles And Property Interests, John F. Dolan
The Ucc Framework: Conveyancing Principles And Property Interests, John F. Dolan
Law Faculty Research Publications
No abstract provided.
Uniform Commercial Code And The Concept Of Possession In The Marketing And Financing Of Goods, John F. Dolan
Uniform Commercial Code And The Concept Of Possession In The Marketing And Financing Of Goods, John F. Dolan
Law Faculty Research Publications
The "buyer in ordinary course" rule of section 9-307(1) of the Uniform Commercial Code shelters good faith purchasers of certain goods from the rival claims of sellers' secured creditors. Professor Dolan argues that the Code's refusal to let title determine disputes over goods in other contexts extends to clashes between creditors and buyers under section 9-307(1). Hefinds the key to the Code's scheme for settling these clashes in the "special property interest" a buyer acquires at the moment goods are identied to a contract of sale. The scheme, he believes, is one ofgeneral respect for reasonable expectations based on possession, …
The Merchant Class Of Article 2: Farmers, Doctors, And Others, John F. Dolan
The Merchant Class Of Article 2: Farmers, Doctors, And Others, John F. Dolan
Law Faculty Research Publications
No abstract provided.
The Merchant Class Of Article 2: Farmers, Doctors, And Others, John F. Dolan
The Merchant Class Of Article 2: Farmers, Doctors, And Others, John F. Dolan
Law Faculty Research Publications
No abstract provided.
Commercial Transactions (1975 Annual Survey Of Michigan Law), John F. Dolan
Commercial Transactions (1975 Annual Survey Of Michigan Law), John F. Dolan
Law Faculty Research Publications
No abstract provided.