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Articles 331 - 360 of 454
Full-Text Articles in Commercial Law
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Territoriality And The Perils Of Formalism, Mark P. Gergen
Territoriality And The Perils Of Formalism, Mark P. Gergen
Michigan Law Review
Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …
Finding The Lost Volume Seller: Two Independent Sales Deserve Two Profits Under Illinois Law, 22 J. Marshall L. Rev. 363 (1988), Jerald B. Holisky
Finding The Lost Volume Seller: Two Independent Sales Deserve Two Profits Under Illinois Law, 22 J. Marshall L. Rev. 363 (1988), Jerald B. Holisky
UIC Law Review
No abstract provided.
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Michigan Law Review
Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …
Illinois' New Second Generation, Second Step Takeover Amendment: Continuing The Trend Of States' Takeover Regulations, 21 J. Marshall L. Rev. 87 (1987), Valerie Ann Hall
Illinois' New Second Generation, Second Step Takeover Amendment: Continuing The Trend Of States' Takeover Regulations, 21 J. Marshall L. Rev. 87 (1987), Valerie Ann Hall
UIC Law Review
No abstract provided.
Poison Pill: A Panacea For The Hostile Corporate Takeover, 21 J. Marshall L. Rev. 107 (1987), Robert C. Micheletto
Poison Pill: A Panacea For The Hostile Corporate Takeover, 21 J. Marshall L. Rev. 107 (1987), Robert C. Micheletto
UIC Law Review
No abstract provided.
An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer
An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer
Seattle University Law Review
This Article first presents an analytic framework for assessing government actions that present possible violations of article VIII, sections 5 and 7, and then analyzes five recent cases interpreting those provisions.
Disorganized Crime: The Economics Of The Visible Hand, Michigan Law Review
Disorganized Crime: The Economics Of The Visible Hand, Michigan Law Review
Michigan Law Review
A Review of Disorganized Crime: The Economics of the Visible Hand by Peter Reuter
Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich
Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Commercial Law, Richard H. Nowka
Kentucky Law Survey: Commercial Law, Richard H. Nowka
Kentucky Law Journal
No abstract provided.
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
Cardozo Law Review
No abstract provided.
Kentucky Law Survey: Commercial Law, Richard H. Nowka
Kentucky Law Survey: Commercial Law, Richard H. Nowka
Kentucky Law Journal
No abstract provided.
Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan
Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan
Law Faculty Research Publications
As they do each year, Michigan courts decided a number of commercial law cases during the survey period. Several of the cases are significant opinions which either raise questions or carry significant implications for Michigan's commercial lawyers. This survey selects those significant cases, attempts to answer the questions raised, and probes the implications of the decisions.
Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem
Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem
University of Michigan Journal of Law Reform
Part I of this article examines the mechanics of the present qualification system, paying special attention to the problems created by a multiplicity of vague state standards. Part II discusses the historical justification and purposes of the present system, concluding that only the protection function justifies the continued existence of the system. Finally, Part III proposes that "doing business" be defined in terms of the annual volume of in-state sales. This solution would remedy the problems which plague the present system while furthering the legitimate protection function of the state qualification requirements.
Kentucky Law Survey: Commercial Law, George E. Roeder
Kentucky Law Survey: Commercial Law, George E. Roeder
Kentucky Law Journal
No abstract provided.
Corporate Directors' Liability For Resisting A Tender Offer: Proposed Substantive And Procedural Modifications Of Existing State Fiduciary Standards, Oby T. Brewer, Iii
Corporate Directors' Liability For Resisting A Tender Offer: Proposed Substantive And Procedural Modifications Of Existing State Fiduciary Standards, Oby T. Brewer, Iii
Vanderbilt Law Review
This Note will review recent decisions applying state law fiduciary standards and will propose procedural and substantive modifications to existing standards. The proposed modifications will compel target directors to recognize and fulfill fiduciary obligations when faced with a decision whether or not to resist a tender offer.
Kentucky Law Survey: Commercial Law, Linda J. Peltier, Susan L. Coleman
Kentucky Law Survey: Commercial Law, Linda J. Peltier, Susan L. Coleman
Kentucky Law Journal
No abstract provided.
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Articles
A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …
Commercial Transactions (1975 Annual Survey Of Michigan Law), John F. Dolan
Commercial Transactions (1975 Annual Survey Of Michigan Law), John F. Dolan
Law Faculty Research Publications
No abstract provided.
Kentucky Law Survey: Commercial Law And Consumer Credit, Harold R. Weinberg
Kentucky Law Survey: Commercial Law And Consumer Credit, Harold R. Weinberg
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Commercial Law, Harold R. Weinberg
Kentucky Law Survey: Commercial Law, Harold R. Weinberg
Kentucky Law Journal
No abstract provided.
Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio
Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio
University of Michigan Journal of Law Reform
This note will analyze the Michigan Motor Vehicle Service and Repair Act, examining the differences between it and prior Michigan and federal legislation. The new legislation will be compared with similar statutes in other states. Finally, the possible drawbacks of repair shop and mechanic certification programs will be discussed, and suggestions for improvements will be made.
The New York Truth In Travel Act, Lisa Kennedy
The New York Truth In Travel Act, Lisa Kennedy
University of Michigan Journal of Law Reform
A New York couple arrange a vacation abroad through their travel agent. They expect a direct flight, deluxe, centrally located accommodations, and guided tours of local attractions. Once they have set out, they discover to their dismay that their flight makes several lengthy stops, their reservations are at a drab and uncomfortable hotel in an inconvenient location, and there are no reservations for the tours. This hypothetical situation is representative of instances of travel fraud, a frequent consumer grievance in what is acknowledged as the considerable volume of travel business being conducted in the United States. New York has attempted …
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Deceptive And Unfair Trade Practices Act: A New Approach To Trade Regulation In Floridaa, Rod Tennyson
The Deceptive And Unfair Trade Practices Act: A New Approach To Trade Regulation In Floridaa, Rod Tennyson
Florida State University Law Review
No abstract provided.
Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis
Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis
Michigan Law Review
This Article discusses the background, negotiation, and drafting of selected WCA restrictions on creditor powers and remedies and compares those provisions to the analogous restrictions proposed by other reform measures. In addition to the UCCC, the MCCA and the WCA, two other major works must be considered in any discussion of consumer-credit legislation. First is Working Redraft No. 4 of the UCCC (UCCC Redraft). This proposed revision, published in December 1972, represents a marked change in the UCCC. Many provisions favorable to the consumer have been added, and many of the parallel provisions on sales and loans have been consolidated. …
New Jersey Retail Installment Sales Act, Eric A. Oesterle
New Jersey Retail Installment Sales Act, Eric A. Oesterle
University of Michigan Journal of Law Reform
The effect of the enactment of the New Jersey bill is that a "retail buyer" may now assert against an assignee of the installment contract or subsequent "holder" of the negotiable note any defenses he has against the retail installment seller. The new law would appear to be one of the most comprehensive laws of its type to be enacted. However, the draftsmen apparently left a significant loophole, appropriately termed the "specious cash sale,” which, if exploited, could negate the intended effect of the new law. This note will analyze the bill, compare it with the relevant provisions of the …
New York Specious Cash Sales Act, Craig D. Holleman
New York Specious Cash Sales Act, Craig D. Holleman
University of Michigan Journal of Law Reform
The New York Legislature recently moved to protect consumers in that state from unscrupulous retailers of consumer goods and financers of consumer loans by enacting the Specious Cash Sales Act. The new law is the third in a series of measures designed to remedy certain perceived inequities to which the holder in due course doctrine gives rise in the consumer goods field. Earlier this year, the Legislature undercut complicated mechanisms whereby a finance company could procure from a retailer contracts and obligations containing a waiver-of-defenses provision executed by the buyer-consumer. This law in turn complemented a still earlier statute which …
Proposed Uniform Consumer Credit Code For Indiana: Restrictions On Negotiability And Waivers Of Defenses In Consumer Credit Transactions, Rory O'Bryan
Indiana Law Journal
No abstract provided.
The Indiana Business Tax Roadblock, Charles F. Bonser
The Indiana Business Tax Roadblock, Charles F. Bonser
Indiana Law Journal
No abstract provided.