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1988

Commercial Law

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Articles 1 - 30 of 64

Full-Text Articles in Law

Management Buyouts, Efficient Markets, Fair Value And Soft Information, James R. Repetti Oct 1988

Management Buyouts, Efficient Markets, Fair Value And Soft Information, James R. Repetti

James R. Repetti

Leveraged buyouts, particularly by a corporation's management, provide unique opportunities for investors to realize extraordinary profits. In his Article, Professor Repetti examines the potential harm to shareholder interests when management effects a corporate buyout or bailout, and analyzes the effectiveness of current regulatory and common-law protection against that harm. Professor Repetti concludes that the existing regulatory and common law schemes do not adequately protect shareholder interests and proposes as a solution that the Securities and Exchange Commission promulgate rules requiring enhanced disclosure in management buyouts.


Good Faith In Calling Demand Notes And In Refusing To Extend Additional Financing, William H. Lawrence, Robert D. Wilson Oct 1988

Good Faith In Calling Demand Notes And In Refusing To Extend Additional Financing, William H. Lawrence, Robert D. Wilson

Indiana Law Journal

No abstract provided.


Going Private And Going Under: Leveraged Buyouts And The Fraudulent Conveyance Problem, Kathryn V. Smyser Oct 1988

Going Private And Going Under: Leveraged Buyouts And The Fraudulent Conveyance Problem, Kathryn V. Smyser

Indiana Law Journal

No abstract provided.


Book Review - Multilateral Investment Guarantee Agency And Foreign Investment By Ibrahim F. I. Shihata, T. Modibo Ocran Jul 1988

Book Review - Multilateral Investment Guarantee Agency And Foreign Investment By Ibrahim F. I. Shihata, T. Modibo Ocran

North Carolina Journal of International Law

No abstract provided.


Trademark And Patent Law In The People's Republic Of China, P. D. Woods Jul 1988

Trademark And Patent Law In The People's Republic Of China, P. D. Woods

North Carolina Journal of International Law

No abstract provided.


United States-People's Republic Of China Income Tax Treaty: Opening The Door To Increased Economic Cooperation, William A. Turner, Elizabeth M. Orazem Jul 1988

United States-People's Republic Of China Income Tax Treaty: Opening The Door To Increased Economic Cooperation, William A. Turner, Elizabeth M. Orazem

North Carolina Journal of International Law

No abstract provided.


Relief From Unfair Import Practices Under Section 337 Of The Tariff Act Of 1930: An Overview, David Scott Nance Jul 1988

Relief From Unfair Import Practices Under Section 337 Of The Tariff Act Of 1930: An Overview, David Scott Nance

North Carolina Journal of International Law

No abstract provided.


Creditors' Rights In Taiwan: A Comparison Of Corporate Reorganization Law In The United States And The Republic Of China, Jane Kaufman Winn Jul 1988

Creditors' Rights In Taiwan: A Comparison Of Corporate Reorganization Law In The United States And The Republic Of China, Jane Kaufman Winn

North Carolina Journal of International Law

No abstract provided.


Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation Jul 1988

Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.


Territoriality And The Perils Of Formalism, Mark P. Gergen Jun 1988

Territoriality And The Perils Of Formalism, Mark P. Gergen

Michigan Law Review

Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …


General Electric Credit Corp. V. Ger-Beck Machine Co., Inc.: Section 2-608 Of The U.C.C. And The Three Party Finance Lease, Lee Radford May 1988

General Electric Credit Corp. V. Ger-Beck Machine Co., Inc.: Section 2-608 Of The U.C.C. And The Three Party Finance Lease, Lee Radford

BYU Law Review

No abstract provided.


Current Status Of The Omnibus Trade & Competitiveness Act Of 1988, North Carolina Journal Of International Law And Commercial Regulation Apr 1988

Current Status Of The Omnibus Trade & Competitiveness Act Of 1988, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.


Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation Apr 1988

Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.


Zenith Radio Corp. V. United States: The Nadir Of The U.S. Trade Relief Process, Kevin C. Kennedy Apr 1988

Zenith Radio Corp. V. United States: The Nadir Of The U.S. Trade Relief Process, Kevin C. Kennedy

North Carolina Journal of International Law

No abstract provided.


Book Review - Developing Countries In The Gatt Legal System By Robert E. Hudec, Christopher T. Curtis Apr 1988

Book Review - Developing Countries In The Gatt Legal System By Robert E. Hudec, Christopher T. Curtis

North Carolina Journal of International Law

No abstract provided.


Amendments To The Antidumping And Coutervailing Duty Laws Under Omnibus Trade And Competitiveness Act Of 1988, Charlene Barshafsky, Nancy B. Zucker Apr 1988

Amendments To The Antidumping And Coutervailing Duty Laws Under Omnibus Trade And Competitiveness Act Of 1988, Charlene Barshafsky, Nancy B. Zucker

North Carolina Journal of International Law

No abstract provided.


The Evolution Of The Escape Clause: The United States' Quest For Effective Relief From Fairly Traded Imports, Christopher W. Derrick Apr 1988

The Evolution Of The Escape Clause: The United States' Quest For Effective Relief From Fairly Traded Imports, Christopher W. Derrick

North Carolina Journal of International Law

No abstract provided.


Nec Electronics V. Cal Circuit Abco: Continued Support For The Universality Of Trademarks, Robert Shimp Apr 1988

Nec Electronics V. Cal Circuit Abco: Continued Support For The Universality Of Trademarks, Robert Shimp

North Carolina Journal of International Law

No abstract provided.


Section 201 Of The Trade Act Of 1974: The Reagan Record, Alan F. Holmer, Judith Hippler Bello Apr 1988

Section 201 Of The Trade Act Of 1974: The Reagan Record, Alan F. Holmer, Judith Hippler Bello

North Carolina Journal of International Law

No abstract provided.


Negotiating And The Congressional Conference Process: A Case Study Of The Export Administration Act & The Omnibus Trade Bill, Jennifer J. White Apr 1988

Negotiating And The Congressional Conference Process: A Case Study Of The Export Administration Act & The Omnibus Trade Bill, Jennifer J. White

North Carolina Journal of International Law

No abstract provided.


Export Controls: Who's Policing The Enforcers, Jere W. Morehead Apr 1988

Export Controls: Who's Policing The Enforcers, Jere W. Morehead

North Carolina Journal of International Law

No abstract provided.


How E.T. Got Through Customs: The Court Of International Trade Holds Fantasy Toys Eligible For Duty-Free Status Under The Generalized System Of Preferences, Patti L. Holt Apr 1988

How E.T. Got Through Customs: The Court Of International Trade Holds Fantasy Toys Eligible For Duty-Free Status Under The Generalized System Of Preferences, Patti L. Holt

North Carolina Journal of International Law

No abstract provided.


Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces Apr 1988

Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces

Faculty Publications

No abstract provided.


Continuation Of The Affiliated Group Subsequent To A Divisive Reorganization: A Patchwork Of Inconsistent Rules With Uncertain Application, Matthew B. Krasner Mar 1988

Continuation Of The Affiliated Group Subsequent To A Divisive Reorganization: A Patchwork Of Inconsistent Rules With Uncertain Application, Matthew B. Krasner

Vanderbilt Law Review

Corporations comprising an affiliated group may elect to file a consolidated tax return. However, once such an election is made, the affiliated group may not discontinue such filing in subsequent years with out the prior consent of the Commissioner of the Internal Revenue Service(IRS).' The continuous filing requirement is necessary to prevent the abuses that would occur if corporations within an affiliated group could choose whether to file separate returns or a consolidated return for a given year. A complex set of regulations specify under what circumstances the Commissioner will consider an affiliated group as continuing in existence so as …


U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid Feb 1988

U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid

William & Mary Law Review

No abstract provided.


The Rights Of Creditors Under Article 2a, Steven L. Harris Feb 1988

The Rights Of Creditors Under Article 2a, Steven L. Harris

All Faculty Scholarship

No abstract provided.


U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch Jan 1988

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

This article reviews case law and related developments during 1987, under articles 1, 2, 6, and 7 of the Uniform Commercial Code.


Basic Uniform Commercial Code: Teaching Materials, David G. Epstein Jan 1988

Basic Uniform Commercial Code: Teaching Materials, David G. Epstein

Law Faculty Publications

These materials cover extensions of credit secured by a lien on personal property, sales of goods, commercial paper, credit cards, electronic funds transfer systems, and letters of credit. Some aspects of these subjects are regulated by federal statutes; some aspects are covered only by judicial decisions. Notwithstanding the important body of federal law and common law, the Uniform Commercial Code dominates this book.


Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman Jan 1988

Article 29(2) Of The United Nations Convention On Contracts For The International Sale Of Goods: A New Effort At Clarifying The Legal Effect Of "No Oral Modification" Clauses, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


La Naturaleza Jurídica Del Cheque En La Ley 23.549, Martin Paolantonio, Eduardo Moccero Jan 1988

La Naturaleza Jurídica Del Cheque En La Ley 23.549, Martin Paolantonio, Eduardo Moccero

Martin Paolantonio

Ante la prohibición de endoso del cheque impuesta por la ley 23.549 se analiza la calificación jurídica que cabe al cheque desde la perspectiva de la teoría general de los títulos valores