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Articles 1 - 8 of 8
Full-Text Articles in Law
Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, George A. Nation Iii
Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, George A. Nation Iii
George A Nation III
Promissory notes are ubiquitous in commercial lending. The promissory note represents the borrowers promise to repay and is governed by the Uniform Commercial Code’s Article 3. Under Article 3, promissory notes are either demand instruments or time instruments. In general, the holder of a demand instrument may decide to demand payment at any time and for any reason, while the holder of a time note must wait for payment until the arrival of the specific repayment date or dates included in the note. For this reason, time notes usually contain an acceleration clause. An acceleration clause allows the holder to …
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Juliet P Kostritsky
ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not …
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Yugank Goyal
Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
Jaimie K. McFarlin
The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …
Bioprospecting And Biolaw In Brazil: Uncertainties In The Legal And Executory Context, Wilson Jesus Beserra Almeida Professor
Bioprospecting And Biolaw In Brazil: Uncertainties In The Legal And Executory Context, Wilson Jesus Beserra Almeida Professor
Wilson Jesus Beserra Almeida
This study aims to investigate the regulation of Bioprospecting in Brazil, especially in regard to the appropriateness of the legislation to the principles of the Convention on Biological Diversity (CBD) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) as well as to assert about the care that has been afforded in the covenants contained in clauses signed between Brazil and other countries, in order to preserve the diversity and integrity of the genetic patrimony of the country.
Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, Sarah H. Jenkins
Contract Resurrected! Contract Formation: Common Law ~ Ucc ~ Cisg, Sarah H. Jenkins
Sarah H Jenkins
Contract Resurrected!
After the promulgation of the Restatement (Second) of the Law of Contracts with its expanded theory of Section 90, quasi-contract and promissory estoppel were hailed as the only theories needed for recovery. Contract was dead! This was the dominant prospective regarding the continued efficacy of contract and contract law. The contract theorists were wrong. The mushrooming global interdependency among nations demands legal rules and principles to govern exchanges between businesses and reaffirms the value of contract as a juridical tool. The United Nations Convention on Contracts for the International Sale of Goods as a recent promulgation reaffirms the …
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo
John Pizzo
No abstract provided.
Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott
Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott
A. Bryan Endres
As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards, farmers will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of farmland in the U.S. that is leased, such contributions will represent a significant, though currently not well understood, portion of the biofuel industry supply chain. Through the use of contracts as governance schemes, the parties to a bioenergy farm lease can navigate three key areas of such a lease: …