Law Commons^™

For One Litigant’S Sole Relief: Unforeseeable Preclusion And The Second Restatement , Robert Ziff

Cornell Law Review

No abstract provided.

Equipment Leases Under The U.C.C. Article 2a—Analysis And Practice Suggestions, Robert D. (Bo) Strauss

Mercer Law Review

The Uniform Commercial Code ("U.C.C.") now has an article that directly covers equipment leases-Article 2A-although many states have not enacted it yet. Article 2A's scope extends to leases of "goods" (e.g., equipment and vehicle leases, but not leases of real estate, intangibles, or other nongoods).

Article 2A compiles and codifies the best of the common law of leases, and reduces the uncertainty created by inconsistent decisions under pre- 2A law. Pre-2A leasing law was hampered by uncertainties in the following areas in particular: (1) definitional (distinguishing a lease from a secured sale or loan), (2) applicability of U.C.C. Article 2 …

Major Problems With Article 2a: Unfairness, "Cutting Off" Consumer Defenses, Unfiled Interests, And Uneven Adoption, Donald B. King

Mercer Law Review

Article 2A on leases represents a major addition to the Uniform Commercial Code ("U.C.C."). Proposed for adoption throughout the United States, some states have already adopted the article. Because of the provision's impact, we must view it carefully and correct major flaws.

In the past, courts dealt with the field of leasing through analogy to principles of sales law. However, this treatment lead to the uneven application of the law, and a new codified law on leases is certainly desirable. For their hard work and initiative, the drafters of Article 2A deserve praise; however, they are not above criticism. The …

Proposed Revisions To The Georgia Uniform Commercial Code: A Status Report, Albert H. Conrad Jr., Richard P. Kessler Jr.

Mercer Law Review

The Uniform Commercial Code (the "Code" or "U.C.C."), as promulgated in the 1950s through the joint efforts of the National Conference of Commissioners on Uniform State Laws (the "NCCUSL") and the American Law Institute (the "A.L.I."), represented an attempt to integrate all facets of commercial transactions involving personal property in a comprehensive law that could be adopted by all the states. The drafters of the Code did not envision, however, that multistate uniformity, once achieved by the Code, would remain fixed and inflexible. Changes in business practices and technology, developments in related areas of the law (both national and international), …

Diminishing Marginal Utility Of Income And Progressive Taxation: A Critique Of The Uneasy Case, Mark S. Stein

Northern Illinois University Law Review

A recurring issue in law, economics and politics is how progressive the tax system should be. In 'The Uneasy Case for Progressive Taxation,' a famous article of forty years ago, the authors pronounced themselves unconvinced by arguments for progressive taxation. In this article, Mark Stein contends that 'The Uneasy Case's' uneasiness is based on a faulty analysis of whether income has diminishing marginal utility.

Discriminatory Regulation Of Trial Publicity: A Caveat For The Bar, Joel H. Swift

Northern Illinois University Law Review

In Gentile v. State Bar of Nevada the United States Supreme Court declared unconstitutional a widely adopted professional regulation covering attorney discussion of pending criminal cases. The Court's conclusion was based in large part on a perceived risk of discriminatory enforcement against defense counsel. This article demonstrates that the Court's concern about discriminatory enforcement is supported by the empirical evidence. Extensive studies of disclosures in criminal cases demonstrate that an attorney trial publicity problem exists, and is substantially one of improper prosecutorial publicity. Nevertheless, the attention of the organized bar and its enforcement of disciplinary rules on trial publicity have …

Introduction, Michael D. Sabbath

Mercer Law Review

These are challenging times for teachers and practitioners of commercial law. Many changes have taken place and continue to take place in the Uniform Commercial Code ("U.C.C."). Evolving business practices, technological advances, and developments in related areas of both national and international law make these changes necessary.

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol

William & Mary Law Review

No abstract provided.

Stripped Down Like A Runner Or Enriched By Experience: Bias And Impartiality Of Judges And Jurors, Martha Minow

William & Mary Law Review

No abstract provided.

Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro

Dalhousie Law Journal

Contemporary legal culture spends a great deal of energy in generating arguments about constitutional law. Typically, such arguments concern the determination of the content of constitutional clauses which define the meaning and extension of governmental powers, individual rights and civil liberties, the allocations of power among different departments of government, or among local and supra-local spheres of government, and so forth.

Dworkin And The Doctrine Of Judicial Discretion, David Jennex

Dalhousie Law Journal

In a series of books and articles published over the last thirty years, Ronald Dworkin has relentlessly attacked the positivist view according to which law is a species of empirically verifiable fact. A position closely associated with this view, and with which Dworkin also takes issue, is the doctrine of judicial discretion. This doctrine asserts that in hard cases - cases in which it is unclear what the law requires - there is no legally required dispensation, so that judges are entitled to use discretion in making their decision. Dworkin disagrees, maintaining that in many such cases a thorough investigation …

Public Power And Private Obligation: An Analysis Of The Government Contract, Shannon Kathleen O'Byrne

Dalhousie Law Journal

This paper analyzes contracts made by the Government in terms of political theory. From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract. The paper's overarching objective is to question the propriety of applying private law principles to a public entity, particularly within the context of liberal democratic values to which both the Canadian State and society are pledged. In accord with McAuslan, it regards theoretical inquiry as significant. It asserts that if the current model of State liability collides with fundamental Canadian political constructs, or …

Miles To Go: Some Personal Reflections On The Social Construction Of Disability, Dianne Pothier

Dalhousie Law Journal

The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.

Identifying A Future Refugee Problem: Hong Kong 1997, Daniel C. Turack

Dalhousie Law Journal

On December 19, 1984, the United Kingdom's Prime Minister, Margaret Thatcher, and Premier Zhao Ziyang of the People's Republic of China, formally signed the Sino-British Joint Declaration on the Question of Hong Kong whereby the status of the British Dependent Territory of Hong Kong will cease to exist. As of July 1, 1997, the Chinese Government of the People's Republic of China (PRC) will resume or be restored to sovereignty over the total territory known as Hong Kong.

Reasoning With The Charter, Gerald Tg Seniuk

Dalhousie Law Journal

Reasoning with the Charter by Leon Trakman is a timely and useful book. It is "timely" because in this the tenth anniversary of the Charter it is appropriate to review its impact, which Prof. Trakman finds wanting and unduly circumscribing. It is also useful, although "useful" is not a term usually associated with a theoreticalbook such as this. Certainly this is not a "how-to" book about Charter application. It does, however, outline a different approach to Charter interpretation and it may be that the neglect by our judges of this approach is a mistake. Perhaps not; but there are at …

The Legal Regime Of Enclosed Or Semi-Enclosed Seas: The Particular Case Of The Mediterranean, Paul Gormley

Dalhousie Law Journal

The 1982 United Nations Law of the Sea Convention has not only codified the relatively scant corpus of international law relating to the rubrics of enclosed semi-enclosed seas, but it has also given some guidance toward the future evolution of this unique body of sea law. Accordingly the underlying thesis advanced by a number of distinguished authors at a conference - convened by the Inter-University Center in Dubrovnik - is that the Law of the Sea Convention does not represent a definitive or complete corpus of law; rather the general articles will acquire substance from state practice, bilateral agreements between …

The Hidden Gender Of Law, Christine Boyle

Dalhousie Law Journal

Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …

Legal Research In A Social Science Setting: The Problem Of Method, T Brettel Dawson

Dalhousie Law Journal

As part of its ongoing process of curriculum development, the Department of Law at Carleton University decided in 1988 that a compulsory course in legal research methods was long overdue in the B.A. Honours degree in Law. Fortified with interest nurtured by methodological debates in feminist scholarship,' experience devilling' for a barrister pending my call to the bar, and practice from instructing a course in legal research and writing while a graduate student, I set about developing the proposed course. No guidelines existed for such a course, beyond the logic that it should complement the socio-legal or legal studies focus …

Environmental Warfare And The Persian Gulf War: Possible Remedies To Combat Intentional Destruction Of The Environment, Marc A. Ross

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Analysis Of European Political Cooperation During The Persian Gulf Crisis, Donna G. Starr

Penn State International Law Review (1982 - 2011)

No abstract provided.

Environmental Regulation In The Antarctic, Gerald S. Schatz

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.

A Conservative Court Says "Goodbye To All That"' And Forges A New Order In The Law Of Seizure - California V. Hodari D., Randolph Alexander Piedrahita

Louisiana Law Review

No abstract provided.

Introduction: Humor In Legal Education And Scholarship, James D. Gordon Iii

BYU Law Review

No abstract provided.

Humor As The Enemy Of Death, Or Is It "Humor As The Enemy Of Depth?", Kenney Hegland

BYU Law Review

No abstract provided.

A Monologue On The Taxation Of Business Gifts, Erik M. Jensen

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Harmful Error: Arizona V. Fulminante And The Expansion Of The Harmless-Error Rule, Shawn O. Miller

Northern Illinois University Law Review

In Arizona v. Fulminante, the United States Supreme Court held that coerced confessions that are erroneously admitted at trial are now subject to the harmless-error rule. The Court's holding is a radical departure from precedent. Consequently, this note examines this precedent and the Fulminante decision. The author concludes that Fulminante has created inconsistency within the area of law dealing with coerced confessions, increased the possibility of unfair trials, and narrowed defendants' due process rights.

National Black Law Students Association Midwest Region Second Annual Midwest Recruitment And Retention Conference: Focus On Retention--Strategies That Work Articles And Proceedings, National Black Law Students Association

Northern Illinois University Law Review

These Proceedings are a compilation of ideas and articles presented at the 1991 Midwest Region BLSA Recruitment and Retention Conference, held at the Northern Illinois University College of Law. The focus of this year's Conference was retention, and topics ranged from pre-law summer programs to minority clerkship programs; panelists ranged from students, to faculty members, to members of the practicing bar. These Proceedings reflect the shared goal of all those who participated in the Conference--the goal of increased diversity in the legal profession. Table of Contents Introduction - Kathleen Patchel Welcome - Judith A. Browne Keynote Address - Nathaniel R. …

Memoirs Of A General In The Inglorious Revolution, Lawrence G. Sagar

Michigan Law Review

A Review of Order and Law: Arguing the Reagan Revolution: A First-Hand Account by Charles Fried

V.29-2, 1992 Masthead

San Diego Law Review

No abstract provided.