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Full-Text Articles in Law
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Faculty Publications
Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Faculty Publications
No abstract provided.
Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky
Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky
Faculty Publications
Article 2 of the UCC directed courts to look to business norms as a primary means of interpreting contracts. Recently the new formalists have attacked this strategy of norm incorporation as a misguided one that will lead inevitably to significant error costs. Accordingly, they have embraced plain meaning as the preferred interpretive strategy. This article argues that the strategy of rejecting trade usages unless they are part of the express contract is too rigid. The rejection is premised on an overly narrow cost/benefit analysis that fails to account for the functional role that such usages may play in curbing opportunistic …
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Faculty Publications
No abstract provided.
Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch
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
International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.
Roll Over, Llewellyn?, Peter A. Alces
Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces
Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces
Faculty Publications
No abstract provided.
Ucc And Me In Process, Ingrid Michelsen Hillinger
Ucc And Me In Process, Ingrid Michelsen Hillinger
Faculty Publications
No abstract provided.
The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces
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 …
Contracts And Sales, Joseph Curtis