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Articles 1 - 30 of 33
Full-Text Articles in Law
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Section 5: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Lawyers As Exchange Engineers In Commerce: An Empirical Overview, Sandra M. Huszagh, Fredrick W. Huszagh
Lawyers As Exchange Engineers In Commerce: An Empirical Overview, Sandra M. Huszagh, Fredrick W. Huszagh
Scholarly Works
This article empirical explores the exchange relationship between lawyers and their clients with particular attention on the variables of experience and practice specialty. The lawyers' perceptions of client relationships are preliminarily analyzed in terms of their discrete or relational properties and their distribution within experience segments within the firm. Enriched understanding of these matters can assist both lawyers and their clients in crafting more efficient and effective exchange relationships here viewed as critical to commercial activities.
For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh
For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh
Research Collection Yong Pung How School Of Law
Managerial accountability (or the lack of it) to shareholders has been described as “one of the major socio-legal problems of the twentieth century”. That such a comment has come to be made seems inevitable given the fact that common law courts have consistently upheld, in the absence of fraud, the managerial authority of the Board against the shareholders in general meeting. The Directors have almost absolute authority to decide what is, in their opinion, in the commercial interests of the company. The concerns of shareholders are obvious in public companies where, for the sake of economic efficiency and as a …
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, (With C. Mooney, Jr.). , Steven L. Harris
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
Negotiability, Electronic Commercial Practices, And A New Structure For The Ucc Article 9 Filing System: Tapping The Private Market For Information Technology, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
Abolish The Article 9 Filing System, Peter A. Alces
Abolish The Article 9 Filing System, Peter A. Alces
Faculty Publications
No abstract provided.
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Law Faculty Publications
The approach adopted here is both historical and analytical. Part II of this Article describes the historical development of assignment law, and demonstrates that it parallels a more general shift of the law away from physical conceptions of property. It concludes that although a paper-based document may still be a practical requirement, there is no longer a valid theoretical justification for not making the law of negotiable instruments media neutral. In Part III we survey the features of negotiable instrument law and compare it generally with the law of assignments. This comparison suggests that the most striking substantive difference between …
Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz
Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy
Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Priorities In Chattel Paper: Analysis Of § 9-308 Of The U.C.C., Joseph Wilson
Priorities In Chattel Paper: Analysis Of § 9-308 Of The U.C.C., Joseph Wilson
LLM Theses and Essays
Article 9 of the Uniform Commercial Code (UCC) governs any transaction which creates a security interest in personal property or fixtures. Generally when there is a conflict between secured parties in the same collateral, the UCC’s default priority rule declares the first secured party to file a financing statement or perfect its interest to have priority. However, section 9-308 creates an exception to this default rule when the security interest is claimed in chattel paper. Chattel paper is a group of writings taken together that evidence both a monetary obligation and a security interest in or a lease of specific …
The Relevant Market In European Merger Law, Benedicte Haubold
The Relevant Market In European Merger Law, Benedicte Haubold
LLM Theses and Essays
Due to the rapid acceleration of merger movements in the 1980s, the adoption of new merger regulation was a must for the European market. Before the new merger regulation was adopted in 1989, the European Commission used to apply the general competition rules of the Rome Treaty when dealing with mergers. The Commission used to interpret Articles 85 and 86 of the Rome Treaty as a means to condemn mergers that would lead to an abuse of a dominant position at a European level; at that time, there was an absence of complete and systematic control as far as structural …
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker
Akron Law Faculty 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.
The Impact Of United States V. Lopez: The New Hybrid Commerce Clause, Stephen M. Mcjohn
The Impact Of United States V. Lopez: The New Hybrid Commerce Clause, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
The Commerce Clause has long been a constitutional powerhouse underlying federal legislation. The decision in United States v. Lopez marked the first time in almost sixty years that the Supreme Court has held that Congress had exceeded its power to regulate interstate commerce. In Lopez, the Court held that Congress overreached its power in enacting the Gun-Free School Zones Act of 1990, which prohibited possession of firearms within one thousand feet of a school. Lopez thus breaks a long line of cases deferring to congressional action. Historically, the Court has sustained federal regulation of civil rights, loan-sharking, restoration of environmental …
Between-The-Wars Social Thought: Karl Llewellyn, Legal Realism, And The Uniform Commercial Code In Context, 59 Alb. L. Rev. 325 (1995), Allen R. Kamp
Between-The-Wars Social Thought: Karl Llewellyn, Legal Realism, And The Uniform Commercial Code In Context, 59 Alb. L. Rev. 325 (1995), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
How To Think About The Federal Commerce Power And Incidentally Rewrite United States V. Lopez, Donald H. Regan
Articles
Almost sixty years after the "revolution" of 1937, we still do not have an adequate theory of the commerce power. The Court was right to abandon the theory of dual federalism epitomized by Carter v. Carter Coal Co.;' and it has got the right results in the major cases decided since then. But our post-1937 theory, whether before or after Lopez, is a mess. On the one hand, we have a collection of doctrinal rules that, if we take them seriously, allow Congress to do anything it wants under the commerce power. On the other hand, we continue to pay …
Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White
Articles
The other papers in this Symposium demonstrate that we have the technical capacity to build a filing system that will exceed the expectations of Grant Gilmore in every dimension.1 With more thought about what is put into the system and more clever software to get it out, the most sophisticated system possible under current technology will store and produce enough information about a debtor to give the ACLU a fright. All of the issues on improving the filing system are important, but I do not concern myself with any of them directly. I am here discuss a different question. In …
Harvey's Silence (Symposium: Letters To The Commission), James J. White
Harvey's Silence (Symposium: Letters To The Commission), James J. White
Articles
Harvey Miller has a reputation as a leading bankruptcy lawyer, and he deserves it. As his criticism shows, he understands why and how the Code changed the Act in 1978 and how the drafters of Chapter 11 erred. Better than all but a handful of other lawyers, Harvey Miller knows how to manipulate Chapter 11 to serve his clients' interests. He understands both the legal and practical intricacies of Chapter 11. Were I the CEO of a large and troubled company, I would hire Harvey Miller and gladly pay him twice what most other bankruptcy lawyers would charge. In short, …
Unconscionability In California: A Need For Restraint And Consistency, H.G. Prince
Unconscionability In California: A Need For Restraint And Consistency, H.G. Prince
Faculty Scholarship
No abstract provided.
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler
Articles, Book Chapters, & Popular Press
This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …
Advising The Neocapitalists, James J. White
Advising The Neocapitalists, James J. White
Articles
I write to reflect on what American lawyers can and will do for these emerging free market economies. I am more skeptical than most.
Report: The Indiana Uniform Fraudulent Transfer Act - Introduction, Bruce A. Markell
Report: The Indiana Uniform Fraudulent Transfer Act - Introduction, Bruce A. Markell
Articles by Maurer Faculty
No abstract provided.
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
Law Faculty Publications
Part I of this Article begins by reasserting that central to the idea of property rights is the legal entitlement to remedies that permits a person to exercise dominion over the specific asset or to exclude the exercise of dominion by others. Next, part I examines the essence of a security interest and demonstrates that it is a protected property interest. Part II sets forth a model of priorities that suggests that although property interests should ordinarily be protected by a property rule, there is something special about a security interest, implying the need for greater contingency and justifying a …
The Fault Is In Ourselves, Roger J. Miner '56
Negotiability, Electronic Commercial Practices, And A New Structure For The U.C.C. Article 9 Filing System, Steven L. Harris, Charles W. Mooney Jr.
Negotiability, Electronic Commercial Practices, And A New Structure For The U.C.C. Article 9 Filing System, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White
The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White
Other Publications
Both Article 2, Sales and Article 9, Secured Transactions are under revision. The process of coordination is underway, but there is still much work to do. The following materials identify the major issues at the intersections and some tentative solutions. All references are to the 1990 Official Text of the Uniform Commercial Code unless otherwise stated. When stated, references are to the October, 1995 Draft of Article 2 and the July, 1995 Draft of Article 9.
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Other Publications
The following materials contain (1) the warranty provisions, §§2-313 through 2-318, from the October, 1995 Draft of Revised Article 2, Sales, with selected Reporter's Notes; (2) Discussion questions on warranties; and (3) A comparison of Revised Article 2 and the ALl's Products Liability Restatement (Tent. Draft #2, March 13, 1995), with discussion problems.
The Impact Of The Garcia Decision On The Market-Participant Exception To The Dormant Commerce Clause, Dan T. Coenen
The Impact Of The Garcia Decision On The Market-Participant Exception To The Dormant Commerce Clause, Dan T. Coenen
Scholarly Works
In National League of Cities v. Usery, the Supreme Court recognized a strong state-sovereignty-based limit on Congress's exercise of its commerce power. In Garcia v. San Antonio Metropolitan Transit Authority, however, the Court overruled National League of Cities, relying in part on past difficulties in trying to distinguish between protected state “governmental” activities and unprotected state “proprietary” activities. In the wake of Garcia, commentators have urged that its reasoning undermines the Court's longstanding exemption of state proprietary activities from dormant Commerce Clause challenge under the so-called “market-participant” doctrine.
In this article, Professor Dan Coenen refutes this argument by showing that …
Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu
Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu
LLM Theses and Essays
The objective of the thesis is to examine only one aspect of the legal relationship between an issuer and a beneficiary, i.e., an issuer’s duties regarding notifying a beneficiary of documentary discrepancies in the letter of credit transactions. To lay down a theoretical foundation, the basic principle of the letter of credit law and policy considerations for this legal obligation will be explored in the thesis. In Chapter II, the relevant provisions of the U.C.C and U.C.P. will be examined and compared. Chapter III will focus on how the courts interpret and apply the U.C.C and U.C.P. in the cases …