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Series

1993

Commercial Law

Institution
Keyword
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Articles 1 - 20 of 20

Full-Text Articles in Law

Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin Oct 1993

Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


St. Joseph School Area Neighborhood Housing Project Revitalization Study, Kentucky Library Research Collections May 1993

St. Joseph School Area Neighborhood Housing Project Revitalization Study, Kentucky Library Research Collections

Kentucky Library Research Collections

No abstract provided.


Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr. Apr 1993

Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky Apr 1993

Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky

Faculty Scholarship

No abstract provided.


Using Fundamental Principles Of Commercial Law To Decide Ucc Cases, , Steven L. Harris Feb 1993

Using Fundamental Principles Of Commercial Law To Decide Ucc Cases, , Steven L. Harris

All Faculty Scholarship

No abstract provided.


Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr. Feb 1993

Legislative Process And Commercial Law: Lessons From The Copyright Act Of 1976 And The Uniform Commercial Code, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Overlap and conflict are inevitable in any legal system in which a federal government and state governments both have authority to enact laws. In our federal system, the Constitution's Supremacy Clause identifies federal law as preeminent in case of conflict. When conflict develops and litigation is required to determine whether state or federal law controls the issue at hand, our system analyzes the problem using the term preemption as a basis for analysis.

This Article explores the federal legislative process that precedes judicial preemption decisions. By studying the legislative process for its sensitivity to preemption issues, possible ways to ...


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.


The Charging Order: Conflicts Between Partners And Creditors, J. Dennis Hynes Jan 1993

The Charging Order: Conflicts Between Partners And Creditors, J. Dennis Hynes

Articles

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.


Controlling The Franchiser's Right To Cancel The Franchise Relationship: Fairness As An Underlying Principle, Mirja Huovinen Jan 1993

Controlling The Franchiser's Right To Cancel The Franchise Relationship: Fairness As An Underlying Principle, Mirja Huovinen

LLM Theses and Essays

Franchises are critically important arrangements for the distribution of goods and services in the US. It has been estimated that a third of all retail sales occur through franchising. Franchising is a cooperative arrangement, in which the franchisor and the franchisee are both investors. The franchiser contributes its name, expertise, and resources. But franchisee adds its own investment, gains its own ownership and vitally interested in the success of the venture. Chapter II introduces generally the chief elements of a franchise relationship, and special problems and alternative solution concerning franchise cancellation situations. In a franchise relationship, the franchisor acts as ...


The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr. Jan 1993

The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Revised Article 3 And Amended Article 4 Of The Uniform Commercial Code: Comments On The Changes They Will Make, Arthur G. Murphey Jan 1993

Revised Article 3 And Amended Article 4 Of The Uniform Commercial Code: Comments On The Changes They Will Make, Arthur G. Murphey

Faculty Scholarship

No abstract provided.


Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia Jan 1993

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld Jan 1993

Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld

Faculty Scholarship

The Bank Holding Company Act of 1956 (BHCA) "regulates the acquisition of state and national banks by bank holding companies." The BHCA also regulates the nonbanking activities of bank holding companies and their nonbank subsidiaries. The BHCA was enacted and remains on the books for two fundamental reasons: 1) to prevent undue concentration in banking; and 2) to avoid the mixing of banking with other businesses unrelated to banking (generally called "commerce"). Both of these purposes have been or are being discredited, and it is time to ask whether the BHCA should be repealed. On several levels, banking is combined ...


Horizontal And Vertical Equity: The Musgrave/Kaplow Exchange, James R. Repetti, Paul R. Mcdaniel Jan 1993

Horizontal And Vertical Equity: The Musgrave/Kaplow Exchange, James R. Repetti, Paul R. Mcdaniel

Boston College Law School Faculty Papers

[Also appears in Tax Law, volume 1, edited by Patricia D. White, 439-454. New York: New York University Press, 1995.]


The Duty Of Good Faith And The Security Of Performance, Howard Hunter Jan 1993

The Duty Of Good Faith And The Security Of Performance, Howard Hunter

Research Collection School Of Law

John Carter's paper provides a good discussion of many fundamental problems associated with the satisfactory enforcement of contractual obligations. In reviewing the various subtopics of the conference, he posits a scale of 'security' for performance that runs from simple reliance on the promisor's word to that of the chattel or real property mortgage with maximum rights of self-help in the promisee. In this commentary on his paper, I will argue that the greatest security for any promisee remains the word of the promisor and that this is so for reasons beyond those of honour. First, the duty of ...


Revising Article 9 To Reduce Wasteful Litigation, James J. White Jan 1993

Revising Article 9 To Reduce Wasteful Litigation, James J. White

Articles

For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles ...


Sales Of Goods Issues: Introduction, Howard Hunter Jan 1993

Sales Of Goods Issues: Introduction, Howard Hunter

Research Collection School Of Law

No abstract provided.


Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard Jan 1993

Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard

Articles

No abstract provided.