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Full-Text Articles in Law

The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison Oct 2020

The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison

University of Massachusetts Law Review

This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by …


Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida Jan 2020

Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida

Michigan Journal of International Law

Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …


Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg Jun 2018

Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg

Barry Law Review

No abstract provided.


Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel Jun 2018

Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.


Importing Uniform Sales Law Into Article 2, Steven Walt Jun 2018

Importing Uniform Sales Law Into Article 2, Steven Walt

Barry Law Review

No abstract provided.


The Myth Of Trade Usages: A Talk, Lisa Bernstein Jun 2018

The Myth Of Trade Usages: A Talk, Lisa Bernstein

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.


Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman Jun 2018

Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman

Barry Law Review

No abstract provided.


Talking Telemedicine And Terminology: The South Carolina Telemedicine Act, Creasie M. Parrott Apr 2017

Talking Telemedicine And Terminology: The South Carolina Telemedicine Act, Creasie M. Parrott

South Carolina Law Review

No abstract provided.


Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee Oct 2015

Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee

University of Arkansas at Little Rock Law Review

No abstract provided.


Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener Jun 2015

Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener

Pace Law Review

Is urban center retailing in a death spiral? Competition for consumers with Internet vendors is afoot; winners and losers shall be anointed. The threats to physical retailing in an era of the “Internet of Goods” initially are described below. Adaptations by tenants, landlords, and stakeholders in urban centers will be required quickly, and new perspectives and partnerships, including those among local and regional governments, are instrumental if physical retail operations in municipal cores are to survive. The balance of this article describes these needs from the vantage point of each stakeholder; but this article argues that integrating information and communication …


Remote Seller Sales And Use Tax Law: How Proposed Law Will Impact South Carolina, James Bull Sterling Jul 2014

Remote Seller Sales And Use Tax Law: How Proposed Law Will Impact South Carolina, James Bull Sterling

South Carolina Law Review

No abstract provided.


The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava Jun 2014

The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava

Touro Law Review

No abstract provided.


From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen M. Maurer Jan 2014

From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen M. Maurer

South Carolina Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2013

Taxation, Craig D. Bell

University of Richmond Law Review

The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.


Maine's Battle In America's Other Drug War: Pharmaceutical Research And Manufacturers Of America V. Walsh, Lynsey Mitchel Apr 2013

Maine's Battle In America's Other Drug War: Pharmaceutical Research And Manufacturers Of America V. Walsh, Lynsey Mitchel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Level Up: Employing The Commerce Clause To Federalize The Sale Of Goods, Jennifer Camero Mar 2013

Level Up: Employing The Commerce Clause To Federalize The Sale Of Goods, Jennifer Camero

San Diego Law Review

This Article argues that rather than wait until the defects become insurmountable, we should act now to address the defects in the law of sales and enact a federal sales act to supplant Article 2 using congressional power under the Commerce Clause. Part II details the defects of Article 2 that are in need of repair, which include creating inconsistent results across the states, failing to adapt to changing trends in our modern commercial environment, and utilizing a private drafting process that fails to balance the competing interests of businesses and consumers. Part II then demonstrates that the current uniform …


Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss Jan 2013

Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss

Pepperdine Law Review

No abstract provided.


Not Making Sales Paid Too Well For Pharmaceutical Reps: Why The Result In Christopher V. Smithkline Beecham Corp. Makes Sense Even If Its Statutory Construction Does Not, Robert J. Hurtt Jr. Jan 2013

Not Making Sales Paid Too Well For Pharmaceutical Reps: Why The Result In Christopher V. Smithkline Beecham Corp. Makes Sense Even If Its Statutory Construction Does Not, Robert J. Hurtt Jr.

Saint Louis University Law Journal

No abstract provided.


Taxation, Craig D. Bell Nov 2012

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


Judicial Sponsored Gentrification Of The District Of Columbia: The Tenant Opportunity To Purchase Act , Sarah Comeau Apr 2012

Judicial Sponsored Gentrification Of The District Of Columbia: The Tenant Opportunity To Purchase Act , Sarah Comeau

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act, Nicholas Pietropaulo Jan 2012

Playing With Fire: Proceeding Cautiously With Reforms To The Michigan Fireworks Safety Act, Nicholas Pietropaulo

University of Michigan Journal of Law Reform Caveat

On January 1, 2012, the Michigan Fireworks Safety Act went into effect. It marked a significant change in how the state of Michigan treats the sale and use of “consumer fireworks.” Effectively, the new statute authorizes the sale and use of Roman Candles, bottle rockets, aerials, and other fireworks that had previously been banned. Almost immediately, challenges and complaints were raised. On one side, eight fireworks vendors challenged the constitutionality of one of the law’s provisions that required such vendors to purchase insurance at an arguably unreasonable rate. The court dismissed that case, holding that it could not be said …


Should Foreign Sales Exhaust U.S. Patent Rights Post Quanta?, John R. Schroeder Jan 2011

Should Foreign Sales Exhaust U.S. Patent Rights Post Quanta?, John R. Schroeder

Saint Louis University Law Journal

No abstract provided.


Crestwood Lumber Company V. Citizens Savings & Loan Association: The Ursury Law And Liquidated Damages In The Sale Of Goods Transactions, Joseph M. Loomis Aug 2010

Crestwood Lumber Company V. Citizens Savings & Loan Association: The Ursury Law And Liquidated Damages In The Sale Of Goods Transactions, Joseph M. Loomis

Golden Gate University Law Review

No abstract provided.


Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft Jan 2010

Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft

Seattle University Law Review

In June of 2008, in Florida Department of Revenue v. Piccadilly Cafeterias, Inc., the Supreme Court settled a circuit split and issued a bright line rule stating that asset transfers made prior to the confirmation of a Chapter 11 plan of reorganization no longer benefit from certain tax exemptions. As a result, the cost of selling assets in a bankruptcy case outside of a plan will increase. The provision at issue in the case, which exempts asset transfers and sales from certain state taxes, contains language ambiguous enough that four federal circuit courts have contemplated which types of asset …


Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik Jan 2008

Can We Dicker Online Or Is Traditional Contract Formation Really Dying - Rethinking Traditional Contract Formation For The World Wide Web, Tatiana Melnik

Michigan Telecommunications & Technology Law Review

When most people imagine the process of contract formation, they picture two people sitting down and negotiating, arguing about particular contract provisions and particular contract terminology, and maybe even involving attorneys to draft an "official" version of the contract. Regardless of the specific details people imagine, traditional contract formation generally involves some form of negotiation between two parties where they choose one set of terms over another. In modern society, however, such negotiation happens very rarely. People enter into many contracts on a daily basis, for example, when they purchase goods or services online. Online purchases are governed by computers, …


Improving The Rolling Contract, Stephen E. Friedman Jan 2006

Improving The Rolling Contract, Stephen E. Friedman

American University Law Review

This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at …


Changing Invention Economics By Encouraging Corporate Inventors To Sell Patents, William A. Drennan Jul 2004

Changing Invention Economics By Encouraging Corporate Inventors To Sell Patents, William A. Drennan

University of Miami Law Review

No abstract provided.


South Carolina's Multimillion Dollar Tax Problem: An Examination Of The Manufacturer's Machine Exemption In The South Carolina Sales Tax System, Peter E. Farr Apr 2004

South Carolina's Multimillion Dollar Tax Problem: An Examination Of The Manufacturer's Machine Exemption In The South Carolina Sales Tax System, Peter E. Farr

South Carolina Law Review

No abstract provided.