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Full-Text Articles in Law

Floating Liens Over Crypto-In-Commerce, Christopher K. Odinet, Andrea Tosato Jan 2023

Floating Liens Over Crypto-In-Commerce, Christopher K. Odinet, Andrea Tosato

Indiana Law Journal

Commercial law and crypto are colliding. Against the backdrop of explosive growth (and discord) in the digital asset market, there has been a series of recent revisions to American commercial law aimed at addressing new and emerging technologies. These changes to the Uniform Commercial Code (UCC) are designed to facilitate the buying and selling of digital assets as well as their use as collateral. However, to date, the literature exploring these changes has mainly focused on understanding the basics of the new regime. This Essay moves beyond that baseline by showing how the UCC amendments can be used to structure …


Protecting Consumers As Sellers, Jim Hawkins Oct 2019

Protecting Consumers As Sellers, Jim Hawkins

Indiana Law Journal

When the majority of modern contract and consumer protection laws were written in the 1950s, ’60s, and ’70s, consumers almost always acted as buyers, and businesses almost always acted as sellers. As a result, these laws reflect a model of strong sellers and weak buyers. But paradigms are shifting. Advances in technology and constraints on consumers’ financial lives have pushed consumers into new roles. Consumers today often act as sellers—hawking gold to make ends meet, peddling durable goods on eBay, or offering services in the sharing economy to make a profit. Consumers and business models have changed, but the laws …


Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton Apr 2016

Collapsing Illusions: Standards For Setting Efficient Contract And Other Defaults, Steven J. Burton

Indiana Law Journal

In this Essay, Professor Burton analyzes and evaluates four commonly used standards for setting efficient default rules and standards. Based on two theoretical insights, he shows that three of them collapse upon analysis into the fourth, a Coasian standard that turns out to be a dead end. The theoretical upshot is that the Coase Theorem often is a good reason to use defaults rather than mandatory rules or standards. But neither the theorem nor reference to a transaction-costless world sustains particular defaults. To set an efficient default, the law should guide courts toward supplying terms that parties should have adopted …


Advancing A Framework For Regulating Cryptocurrency Payments Intermediaries, Sarah Jane Hughes, Stephen T. Middlebrook Jan 2015

Advancing A Framework For Regulating Cryptocurrency Payments Intermediaries, Sarah Jane Hughes, Stephen T. Middlebrook

Articles by Maurer Faculty

This Article looks at competing models for regulating providers of services to individuals and businesses that take cryptocurrencies in payment for goods and services, including operators of online wallets and exchanges, and other cryptocurrency market intermediaries whose functions resemble "money service businesses" or "money transmission." We conclude that, in addition to whatever "money services" or "money transmission "prudential regulation the States or federal government may adopt, the operation of wallets and exchanges requires a new commercial law that lays out rights and liabilities of cryptocurrency users in a robust and transparent fashion. We use Article 4A of the Uniform Commercial …


Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder Jan 2001

Language And Formalities In Commercial Contracts: A Defense Of Custom And Conduct, David V. Snyder

Articles by Maurer Faculty

This article defends the decision to retain usage of trade, course of performance, and course of dealing in the revision of Article 1 of the Uniform Commercial Code. The article responds to recent neoformalist criticisms of the incorporation approach and offers a theoretical justification. Usage of trade and course of dealing should be understood as part of the parties' language, following Wittgenstein's understanding of language. Course of performance, which presents a weaker case in terms of language, should be understood as a legal formality, following Fuller's explanation of formalities. Thus understood, custom and conduct can be as important as written …


Unique Or Ubiquitous: Art Prints And The Uniform Commercial Code, Wendy C. Lowengrub Apr 1997

Unique Or Ubiquitous: Art Prints And The Uniform Commercial Code, Wendy C. Lowengrub

Indiana Law Journal

No abstract provided.


Perfection By Possession In Article 9: Challenging The Arcane But Honored Rule, David A. Ebroon Oct 1994

Perfection By Possession In Article 9: Challenging The Arcane But Honored Rule, David A. Ebroon

Indiana Law Journal

No abstract provided.


Sections 9-307(1) And 1-201(9) Of The Uniform Commercial Code: The Requirement Of Buying From A Person In The Business Of Selling Goods Of That Kind, Thomas W. Waldrep Jr. Jan 1983

Sections 9-307(1) And 1-201(9) Of The Uniform Commercial Code: The Requirement Of Buying From A Person In The Business Of Selling Goods Of That Kind, Thomas W. Waldrep Jr.

Indiana Law Journal

No abstract provided.


Acceleration Clause Disclosure: A Truth In Lending Policy Analysis, Patrick E. Hoog Oct 1977

Acceleration Clause Disclosure: A Truth In Lending Policy Analysis, Patrick E. Hoog

Indiana Law Journal

No abstract provided.


Products Liability: Dean Wade And The Constitutionality Of Section 402a, Reed Dickerson Jan 1977

Products Liability: Dean Wade And The Constitutionality Of Section 402a, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Cure And Revocation For Quality Defects: The Utility Of Bargains, Alan Schwartz Jan 1975

Cure And Revocation For Quality Defects: The Utility Of Bargains, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.


Was Prosser's Folly Also Traynor's? Or Should The Judge's Monument Be Moved To A Firmer Site?, Reed Dickerson Jan 1974

Was Prosser's Folly Also Traynor's? Or Should The Judge's Monument Be Moved To A Firmer Site?, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo Apr 1967

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, John D. Calamari, Joseph M. Perillo

Indiana Law Journal

No abstract provided.


The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass Boshkoff Jan 1967

The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Risk Of Loss And The Uniform Commercial Code: The Unlamented Passing Of Passing The Title, Patrick L. Baude Jan 1965

Risk Of Loss And The Uniform Commercial Code: The Unlamented Passing Of Passing The Title, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


The Imputed Negotiability Of Security Interest Under The Code, Antonio R. Bautista, Frank R. Kennedy Jul 1963

The Imputed Negotiability Of Security Interest Under The Code, Antonio R. Bautista, Frank R. Kennedy

Indiana Law Journal

No abstract provided.


The Uniform Commercial Code And Real Estate Law: Problems For Both The Real Estate Lawyer And The Chattel Security Lawyer, Peter F. Coogan, Albert L. Clovis Jul 1963

The Uniform Commercial Code And Real Estate Law: Problems For Both The Real Estate Lawyer And The Chattel Security Lawyer, Peter F. Coogan, Albert L. Clovis

Indiana Law Journal

No abstract provided.


The Good Faith Purchase Of Goods And "Entrusting" To A Merchant Under The Uniform Commercial Code: Section 2-403 Jul 1963

The Good Faith Purchase Of Goods And "Entrusting" To A Merchant Under The Uniform Commercial Code: Section 2-403

Indiana Law Journal

No abstract provided.


Implied And Express Warranties And Disclaimers Under The Uniform Commercial Code Jul 1963

Implied And Express Warranties And Disclaimers Under The Uniform Commercial Code

Indiana Law Journal

No abstract provided.


Bank Collection Under The Uniform Commercial Code Jul 1963

Bank Collection Under The Uniform Commercial Code

Indiana Law Journal

No abstract provided.


Stop Payment Orders Under The Uniform Commercial Code Jul 1963

Stop Payment Orders Under The Uniform Commercial Code

Indiana Law Journal

No abstract provided.


Some Thoughts About Physical Harm, Disclaimers And Warranties, Douglass Boshkoff Jan 1963

Some Thoughts About Physical Harm, Disclaimers And Warranties, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Book Review. Michigan Negotiable Instruments And The Uniform Commercial Code By Roy L. Steinheimer, Douglass Boshkoff Jan 1961

Book Review. Michigan Negotiable Instruments And The Uniform Commercial Code By Roy L. Steinheimer, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff Jan 1961

Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


The Uniform Commercial Code -- Sales, Bulk Sales, And Documents Of Title, Paul D. Carrington Jan 1960

The Uniform Commercial Code -- Sales, Bulk Sales, And Documents Of Title, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.


A Foreword To The Study Of The Uniform Commercial Code, Paul D. Carrington Jan 1959

A Foreword To The Study Of The Uniform Commercial Code, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.


Book Review. Whitney, F. A., Modern Commercial Law And Practices, Kenneth B. Hughes Jan 1959

Book Review. Whitney, F. A., Modern Commercial Law And Practices, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.


Banking, Commercial Paper And Investment Securities Under The Uniform Commercial Code, Paul D. Carrington Jan 1959

Banking, Commercial Paper And Investment Securities Under The Uniform Commercial Code, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.


Commercial Law, Kenneth B. Hughes Jan 1957

Commercial Law, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.


Warranties To A Payor Or Acceptor Under The Uniform Commercial Code § 3-417(1) Jul 1952

Warranties To A Payor Or Acceptor Under The Uniform Commercial Code § 3-417(1)

Indiana Law Journal

No abstract provided.