Commercial Law Commons^™

Duty Issues In The Ever-Changing World Of Payments Processing: Is It Time For New Rules?, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

International Commerce And Undocumented Workers: Using Trade To Secure Labor Rights, Laura Jakubowski

Indiana Journal of Global Legal Studies

This article explores the rights of illegal immigrants and undocumented workers throughout the world. International treaties have attempted to deal with the rights of undocumented workers, but few countries have been willing to sign on to the treaties. This article argues that undocumented workers should have more expansive rights, and that international trade agreements and institutions should be used where human rights and domestic solutions have failed to guarantee the rights of the most vulnerable workers.

Developments In The Law Concerning Stored-Value Cards And Other Electronic Payments Products, Sarah Jane Hughes, Stephen T. Middlebrook, Broox W. Peterson

Articles by Maurer Faculty

No abstract provided.

E-Commerce In Wine, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Delaware Strikes Back: Newcastle Partners And The Fight For State Corporate Autonomy, Michael W. Ott

Indiana Law Journal

No abstract provided.

Let History Be Our Guide: Using Historical Analogies To Analyze State Response To A Post-Granholm Era, Matthew B. Mills

Indiana Law Journal

No abstract provided.

Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes

Indiana Law Journal

No abstract provided.

Developments In The Law Concerning Stored Value And Other Prepaid Payment Products, Sarah Jane Hughes, Stephen T. Middlebrook, Broox W. Peterson

Articles by Maurer Faculty

No abstract provided.

Unification Of The Law Governing Secured Transactions: Progress And Prospects For Reform, Hannah Buxbaum

Articles by Maurer Faculty

This article was published in connection with UNIDROIT's 75th anniversary conference on worldwide harmonization of private law and regional economic integration. It begins by addressing the commercial need for harmonization in the area of secured transactions, discussing both traditional conflicts analysis in that field and particular obstacles to reform. It then outlines the specific reform initiatives that have been implemented to date, grouping them into sectoral instruments and regional instruments. It concludes by speculating on the future of harmonization efforts in security law.

"They've Created A Lamb With Mandibles Of Death": Secrecy, Disclosure, And Fiduciary Duties In Limited Liability Firms, J. William Callison, Allan W. Vestal

Indiana Law Journal

No abstract provided.

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 …

A Leap Forward: Why States Should Ratify The Uniform Computer Information Transactions Act, David A.P. Neboyskey

Federal Communications Law Journal

The Uniform Computer Information Transaction Act (UCITA) has been presented to the states for their ratification. Patterned after the Uniform Commercial Code (UCC), UCITA began as an addition to the UCC, but differences between the statutes required UCITA to emerge as a separate entity. The National Conference of Commissioners of Uniform State Laws (NCCUSL) drafted UCITA and approved the Act in Summer 1999. The Act now awaits approval by state legislatures. This Comment analyzes UCITA and argues that the states should ratify the Act. The Comment favorably compares the UCC and UCITA. The UCC follows the principle of "freedom of …

The Legal Environment For Electronic Cash In Japan, Shu Hamba

Maurer Theses and Dissertations

Recently, people have begun to hear the phrase "electronic money". However, it is not easy to define electronic money because there are so many varieties of electronic products that are called electronic money. Electronic money has possibility to substitute all functions cash has and to change forms of settlement dramatically. However, it may cause a lot of new legal issues and may demand totally new legal structure to regulate it.

The thesis provides classification and features of electronic money then focus on certain type of electronic money. The thesis mainly explores several issues that may affect issuance of electronic money …

Patching A Hole In The Jobs Act: How And Why To Rewrite The Rules That Require Firms To Make Periodic Disclosures, Michael D. Guttentag

Indiana Law Journal

Provisions in the Jumpstart Our Business Startups Act of 2012 have made it much easier for firms to avoid federal periodic disclosure obligations, but these provisions were enacted based upon a virtually nonexistent legislative record and upended rules established only after careful consideration almost fifty years earlier. Determining when firms should be required to comply with federal periodic disclosure requirements is best done in the context of a broader understanding of the history and economics of periodic disclosure regulation. This Article provides such an understanding.

The history of periodic disclosure regulation in the United States is traced back to its …

Equity Pooling And Media Ownership, Peter Chinloy

Federal Communications Law Journal

This Article outlines a method of pooling equity for acquiring a portfolio of media properties. Each participant receives a security containing an investment return and a management right. The management right goes only to one successful bidder, offering a cash payment to other investors as an access price. By offering repeat bidding on several properties, different members of a pool achieve ownership while diversifying their risk. Alternatively, an investor not wishing management receives a higher compensating return. The procedure is particularly suited to media properties dependent on local advertising such as radio, "free" community newspapers, and television outlets. These properties …

The Digital Dilemma: Ten Challenges Facing Minority-Owned New Media Ventures, Marcelino Ford-Livene

Federal Communications Law Journal

Minority-owned companies competing in print publishing, radio, broadcast television, cable, and telecommunications industries have had no shortage of challenges, setbacks, and failures. Minority-owned companies are struggling to stake a claim in the new media frontier. Some challenges they face are unique to the underlying technology, uncertainty, and international reach of the Web. There should be a sense of urgency with respect to minority participation on the Web. If the promise of broadband leads to new media outlets that are profitable and more dynamic than traditional media, then minorities cannot afford to be left out.

Forum: New Approaches to Minority Media …

Private Equity Funding For Minority Media Ownership, Vance H. Fried

Federal Communications Law Journal

This Article details the importance of private equity financing to all sizes and types of media companies. Much of the rapid growth of the Internet has been financed by private equity. The private equity market is an important source of funds for minority media companies. It is a large market, able to meet a variety of financing needs. However, the minority media entrepreneur must realize that this is strictly a profit-oriented investment market. The same investment process and criteria will be applied to minority media proposals as will be applied to non-minority media proposals. This process may present some problems …

Private Property, Economic Efficiency, And Spectrum Policy In The Wake Of The C Block Auction, Brian C. Fritts

Federal Communications Law Journal

In the original spectrum auctions of Personal Communications Services, the FCC designated a portion of the spectrum for woman and minority-owned small businesses (the C block). The Supreme Court’s decision in Adarand v. Pena caused the FCC to redesign the auction with the result that many bidders overvalued this spectrum. Due to this overvaluation, many bidders could not meet their obligations to the FCC. This Note analyzes FCC auction history, the FCC’s response to the original C block auction, how to fix these problems within the given congressional and FCC framework, and argues that the best solution would be to …

Reasonable Expectations In Families, Businesses, And Family Businesses: A Comment On Rollock, Terry A. O'Neill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

One Lawyer For The Family: A Response To Alysa Rollock, Patrick L. Baude

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997

Where There's A Will, There's A Way: State Sales And Use Taxation Of Electronic Commerce, Megan E. Groves

Indiana Law Journal

No abstract provided.

The Unidroit Principles Of International Commercial Contracts And The Wto: Between An "International Restatement" And A "Globalization" Of Contract Law? A Review Of An International Restatement Of Contract Law: The Unidroit Principles Of International Commercial Contracts, Imtyaz M. Sattar

Indiana Journal of Global Legal Studies

No abstract provided.

The Uniform Commercial Code Meets The Seventh Amendment: The Demise Of Jury Trials Under Article 5?, Margaret L. Moses

Indiana Law Journal

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Telecommunications Access In The Age Of Electronic Commerce: Toward A Third-Generation Universal Service Policy, Milton Mueller

Federal Communications Law Journal

Like many other countries, the United States is in the midst of redefining its universal service policy. Access to telecommunications no longer depends on connecting a copper wire line into the home. Rather, universal service depends on how people will access and use the infrastructure around them. The ability to access communications facilities requires an account relationship between the supplier and the user. Therefore, the account relationship, not the presence of a physical connection to the home, should be the focal point of a universal service policy. With the rise of electronic commerce, access hinges on account verification, credit authorizations, …

Computers As Agents: A Proposed Approach To Revised U.C.C. Article 2, John P. Fischer

Indiana Law Journal

No abstract provided.

Municipal Securities Market: Same Problems -- No Solutions, Ann Judith Gellis

Articles by Maurer Faculty

This article examines the existing regulations of the municipal securities market, focusing on what activities prompted the regulatory changes and analyzing the direction and efficacy of these regulations in terms of the deficiencies in the market. Part One gives a background sketch of the market and its participants from the time of the New York City fiscal crises to today. Part Two discusses whether the existing regulation is sufficient to produce disclosure, focusing on the Orange County crises. Part Three offers a critique of the current regulatory scheme and makes some suggestions for reform.

A Call For International Legal Standards For Emerging Retail Electronic Payment Systems, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton

Indiana Law Journal

No abstract provided.