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Full-Text Articles in Law

Application Of The U.C.C. To Nonpayment Virtual Assets Or Digital Art, Sarah Howard Jenkins Jan 2009

Application Of The U.C.C. To Nonpayment Virtual Assets Or Digital Art, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.


Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli Jan 2009

Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli

Scholarly Works

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond …


Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch Jan 1995

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 …


Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich Jan 1985

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …


Uniform Commercial Code And The Concept Of Possession In The Marketing And Financing Of Goods, John F. Dolan Jan 1978

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, …