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Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert

University of Richmond Law Review

This survey of commercial law discusses all Supreme Court of Virginia cases interpreting Virginia's version of the Uniform Commercial Code (the "Code" or the "U.C.C.") during the previous year, as well as statutory changes made to the Code in the most recent session of the General Assembly. It also reviews significant Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia. It is current as of about May 1, 1990.

A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.

Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey

Faculty Scholarship

No abstract provided.

The Regulation Of Speech Incident To The Sale Or Promotion Of Goods And Services: A Multifactor Approach, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Strange Bedfellows For Electronic Funds Transfers: Proposed Article 4a Of The Uniform Commercial Code And The Uncitral Model Law Symposium: Revised U.C.C. Articles 3 &(And) 4 And New Article 4a, Carl Felsenfeld

Faculty Scholarship

Two pieces of proposed legislation that will affect the same subject matter are proceeding down parallel tracks. If all goes as planned, the tracks will at some time turn inward and there may be a collision. Each piece has as its core concern the subject of electronic funds transfers ("EFTs"), the modern device that has overtaken checks as the principal form of money transfer.' Basically, however, before the promulgation of Article 4A there was no legislation, either in the United States or abroad, that governed EFTs in the way that Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") …

Nelson V. Logan Motor Sales, Inc.: Providing Damages For Breach Of The Implied Warranty Of Merchantability, Chad A. Cicconi

West Virginia Law Review

No abstract provided.

Substantive Consolidation In Bankruptcy: A Primer, J. Stephen Gilbert

Vanderbilt Law Review

Substantive consolidation is a powerful vehicle in bankruptcy by which the assets and liabilities of one or more entities are combined and treated for bankruptcy purposes as belonging to a single enterprise.Because substantive consolidation vitally affects the rights and interests of parties involved in bankruptcy proceedings, it is termed a matter"pregnant with consequence"' and should be used with caution. Substantive consolidation is not a common occurrence because it exacts strict requirements in order to protect the parties that it affects. Be-cause substantive consolidation lacks clear statutory guidance, however,courts examine the facts of each case closely to ascertain whether consolidation is …

Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

The Consequences Of Bulk In Our Banking Diet: Bulk Filing Of Checks And The Bank's Duty Of Ordinary Care Under The 1990 Revision To The Uniform Commercial Code When It Honors Forged Checks, Mark E. Budnitz

Faculty Publications By Year

No abstract provided.

A Relational Theory Of Default Rules For Commercial Contracts, Robert E. Scott

Faculty Scholarship

The relationship between legal rules and the strategies that commercial parties use to deal with risk is among the most important and least understood topics in law and economics. Organizational theorists have generally confined their analyses to the nature of the firm and other permanent relationships. Academic commercial lawyers, in turn, have been far less venturesome than their corporate colleagues in applying fundamental economic insights. Not surprisingly, therefore, we know very little about the inner workings of most commercial relationships. For these reasons (and more) I applaud efforts to integrate economic insights and legal structures, exemplified by Clay Gillette's imaginative …

The Need For Extraterritorial Jurisdiction In The Application Of Title Vii Of The Civil Rights Act Of 1964: Boureslan V. Aramco, Dina S. Goldstein

Syracuse Journal of International Law and Commerce

The Comment concludes that the Boureslan majority adhered to the canon of statutory construction by denying Title VII application overseas in light of the absence of the requisite congressional intent. The majority properly deferred policy considerations to Congress. Although this Comment concludes that the dissent's analysis in statutory construction is technically incorrect, it emphasizes the dissent's opinion because it sets forth national and foreign policy considerations that support the need for Congress to make Title VII enforceable outside the United States.

Closing The Loopholes: 1988 Trade Act Amendments To The Antidumping And Countervailing Duty Laws, Alan F. Holmer, Judith H. Bello, Patricia A. Zinski

Syracuse Journal of International Law and Commerce

This article will address the changes aimed at rendering the AD and CVD laws more effective. 16 The article first outlines briefly the antidumping and countervailing duty laws. It then discusses the amendments designed to prevent evasion of the antidumping and countervailing duty laws. Next, the article discusses the repeal of duty drawback for antidumping and countervailing duties, and amendments to the determination of injury. Finally, the article assesses the significance of the 1988 Act amendments to the AD and CVD laws.

Frontmatter

Syracuse Journal of International Law and Commerce

No abstract provided.

Goldstein's Curse, James J. White

Articles

ON April 16, 1980, a man using the name Marvin Goldstein opened a bank account at a Baltimore branch of Union Trust Company. He deposited $15,000 in cash. He told the branch manager that he planned to establish a Baltimore office of his father's New York business, "Goldstein's Precious Metals and Stones." Goldstein identified himself with a New Jersey driver's license and gave a bank reference from New York. On May 6, Goldstein deposited a check for $880,000 at another Union Trust branch near the branch where he had opened the account. Words on this check indicated that it was …

Thoroughbred Certificate Law: A Proposal, Cary Robertson

Kentucky Law Journal

No abstract provided.

Taxing International Income: An Analysis Of The U.S. System And Its Economic Premises, Hugh Ault, David Bradford

Hugh J. Ault

No abstract provided.

Federal Income Taxation Of Partnerships And S Corporations, Hugh Ault, Paul Mcdaniel, Martin Mcmahon, Daniel Simmons

Hugh J. Ault

Supplemented by 1991 Supplement to Federal Income Taxation of Partnerships and S Corporations, by McDaniel, Ault, McMahon, and Simmons. Westbury, N.Y.: Foundation Press, 1991; 1992 Supplement to Federal Income Taxation of Partnerships and S Corporations, by McDaniel, Ault, McMahon, and Simmons. Westbury, N.Y.: Foundation Press, 1992.

Uniformity And Efficiency In The Uniform Commercial Code: A Partial Research Agenda, F. Knippenberg, William Woodward

F. Stephen Knippenberg

No abstract provided.

The Option Contract: Irrevocable Not Irrejectable, Michael J. Cozzillio

Michael J. Cozzillio

Problematic Relations: Franchising And The Law Of Incomplete Contracts, Gillian K. Hadfield

Gillian K Hadfield

This paper explores an alternative approach to the analysis of franchise contracts which takes seriously their unavoidable incompleteness. The point of departure is the fundamental insight of relational contracting theory, namely that when a contract is embedded within an identifiable relationship, such as the franchise relationship, contractual obligations are often modified, supplemented or completely supplanted by the norms of the ongoing relation. Thus far, the explication of this insight has been along largely theoretical lines. My objective in this article is to further develop the theoretical analysis of the importance of relational elements in order to fashion operational guidelines for …