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- Second Restatement; Uniform Commercial Code; Legal Realism; Neil Cohen; practical construction; drafting; Article 2; Commercial certaintity; product liability; boilerplate contracts; consumer contracts; (2)
- Commercial Law; Securities Law; European Commission; E.C.; Securities and Exchange Commission; International Organization of Securities Commissions; IOSCO; International Institute for the Unification of Private Law; UNIDROIT; New York Stock Exchange; Sarbanes-Oxley Act of 2002; Daimler Benz AG; Securities Act; (1)
- Commercial Law; Traffic Law; Transportation; Transportation Planning; Uniform Commercial Code; UCC; Transactional Law; Traffic Planning; Business Transactions; Property; Credit; Analogy; Interstate Highway System (1)
- European Union; Canada; United States; Alien Tort Statute; Nestlé v. Doe; forced labor; slavery; supply chain; corporate accountability; Bill C-262; contracts; American Bar Association; Model Contract Clauses; human rights due diligence; United Nations; UNGP’s; Guiding Principles of Businesses and Human Rights; corporate social responsibility; ESG compliance (1)
- Force majeure; procurement; government contracts; regulatory frameworks; contracting theories; comparative analysis; default rules; excusable delay; impossibility; frustration (1)
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- UCC; Uniform Commercial Code; Test; Material Breach; Restatement of Contracts; Unfair Discrimination; Bankruptcy Code; Debtor; Breach of the Peace; Debt; Equity; Lease; Security Interest; Bankruptcy; Factors; (1)
- Uniform Commercial Code; UCC; Security Rights; Mortgage; Real Estate; Credit; Chattel Mortgage; Secured Transactions; Security Devices; Personal Property; Conditional Sales Contract; Trust Receipt; Uniform Conditional Sales Act; National Conference of Commissioners on Uniform State Laws; NCCUSL; Uniform Chattel Mortgages Act; Uniform Trust Receipts Act; Unitary Security Interest (1)
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Articles 1 - 9 of 9
Full-Text Articles in Law
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken
Brooklyn Journal of International Law
The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to …
Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, Edward J. Janger
Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Formulating Lists Of Factors: Lessons From The Good, The Bad, And The U.C.C., Stephen L. Sepinuck
Formulating Lists Of Factors: Lessons From The Good, The Bad, And The U.C.C., Stephen L. Sepinuck
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Reviving The Realist Restatements And The Common Law Codes: Neil Cohen And The Grand Style, Edward J. Janger
Reviving The Realist Restatements And The Common Law Codes: Neil Cohen And The Grand Style, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
The “Second” Restatements and the Uniform Commercial Code have shaped the sensibility of lawyers and law students for the last half century. Both projects were anti-formal at their core, articulating pragmatic principles to guide judicial decision making without necessarily determining the outcome. Recent jurisprudence interpreting the Restatements, as well as efforts to update both sets of instruments, have taken a formalist turn. As examples, this essay will consider judicial interpretations of § 402A of the Restatement (Second) of Torts where internet platforms like Amazon are involved. Then it will consider the tortured and recently concluded experience in connection with the …
Failed Efforts At Harmonization Of Securities Regulation, Roberta S. Karmel
Failed Efforts At Harmonization Of Securities Regulation, Roberta S. Karmel
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article is based on a speech made by Professor Karmel at the Brooklyn Journal of Corporate, Financial, & Commercial Law annual symposium in May 2022 titled “Commercial Law Harmonization: Past as Prologue,” analyzing the work done in the past half-century to balance commercial law. The symposium also celebrated the career of Neil B. Cohen of Brooklyn Law School for his teaching and participation in law reform efforts.
Flow Of Commerce, Flow Of Traffic, Carl S. Bjerre
Flow Of Commerce, Flow Of Traffic, Carl S. Bjerre
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel
The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Balancing Efficiency And The Public Interest: A Comparative Analysis Of Force Majeure Defaults In Government Contracting, Alexandra L. Noetzel
Balancing Efficiency And The Public Interest: A Comparative Analysis Of Force Majeure Defaults In Government Contracting, Alexandra L. Noetzel
Brooklyn Law Review
Exemplified by the COVID-19 pandemic, contractual force majeure provisions can serve to protect contracting parties but can also place the risk of nonperformance on parties if the specific elements of the provision cannot be met. The current federal regulations governing government procurement in the United States lack the proper blend of uniformity and flexibility necessary to promote efficient contracting and risk assessment for both federal contractors and government agencies. Specifically, the current force majeure-like provision within the Federal Acquisition Regulation—the excusable delay provision—struggles to perfect this balance and puts government contractors in an unstable position of risk and decreased bargaining. …
Contract's Covert Meddlers, Sarah Winsberg