Commercial Law Commons^™

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Uncertainty and confusion probably always have existed bout the employment of intellectual property as collateral for a loan. Since the drafting of Article 9 of the Uniform Commercial Code, an uneasy coexistence of state and federal law has developed. Both state and federal law now arguably apply when a debtor attempts to use a patent or trademark to secure a loan. The extent to which each body of law is applicable and the interaction between the two systems was left unclear by the drafters of Article 9 and has not been clarified by Congress. The radical differences between the state …

The Questionable Viability Of The Des Moines Warranty In Light Of Brown-Forman Corp. V. New York, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …

Personal Jurisdiction And The Stream Of Commerce Theory: A Reappraisal And A Revised Approach, Mollie A. Murphy

Kentucky Law Journal

No abstract provided.

Implied And Conditional Consent In The Sale Of Horse Shares Or Seasons, Sara Grinnell Smith

Kentucky Law Journal

No abstract provided.

Chernick V. Fasig-Tipton: A Caveat To The Horse Trader, Paul L. Reynolds

Kentucky Law Journal

No abstract provided.

The Uniform Commercial Code As Applied To Implied Warranties Of "Merchantability" And "Fitness" In The Sale Of Horses, John Alan Cohan

Kentucky Law Journal

No abstract provided.

The Secured Farm Creditor's Interest In Federal Price Supports: Policies And Priorities, Paul B. Rasor, James B. Wadley

Kentucky Law Journal

No abstract provided.

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …

Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg

Law Faculty Scholarly Articles

This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg

Law Faculty Scholarly Articles

Money debts are frequently paid by checks and evidenced by notes subject to Article Three of the Uniform Commercial Code. Financial institutions and other creditors ordinarily take these instruments with the expectation that they will be paid on time without resort to litigation. This expectation fails when the debtor or some other obligor on the instrument claims that its signature was unauthorized or that there is a defense against payment. This Article analyzes the Uniform Commercial Code rules concerning burdens of proof that apply to these disputes and gives consideration to related procedural and evidentiary questions. It concludes with some …

Kentucky Law Survey: Commercial Law, Richard H. Nowka

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Commercial Law, Richard H. Nowka

Kentucky Law Journal

No abstract provided.

Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne

Kentucky Law Journal

No abstract provided.

Security Interests In Thoroughbred And Standardbred Horses: A Transactional Approach, R. David Lester

Kentucky Law Journal

No abstract provided.

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Law Faculty Scholarly Articles

Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of bills of exchange and promissory notes in commerce and finance.

Many scholars believe that negotiability, along with other pre-Civil War legal doctrines, was intended to facilitate the development of a national market system and economic growth. This view typically holds that …

Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Commercial Law, George E. Roeder

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Commercial Law, Linda J. Peltier, Susan L. Coleman

Kentucky Law Journal

No abstract provided.

The Eroding Uniformity Of The Uniform Commercial Code, John C. Minahan Jr.

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Commercial Law And Consumer Credit, Harold R. Weinberg

Law Faculty Scholarly Articles

This article is a survey of commercial law and consumer credit in the Commonwealth of Kentucky. The most significant development during the past survey year was the demise of the holder in due course doctrine and other related doctrines which insulated creditors financing consumer sales from consumer claims and defenses. As a result of this development, consumers will now be able to assert claims or defenses arising out of the sale financed against the financer under certain circumstances. Other developments also surveyed herein relate to the Uniform Commercial Code statutes of frauds and prejudgment creditors’ remedies.

Secured Party's Right To Sue Third Persons For Damage To Or Defects In Collateral, Harold R. Weinberg

Law Faculty Scholarly Articles

The proverb “there is many a slip ‘twixt the cup and the lip” might have been written with the secured creditor in mind. Many tragedies may befall him to defeat his expectations. He takes his security interest hoping for the best, but preparing for the worst—nonperformance of the obligation secured. If he does not carefully comply with the Article Nine provisions concerning the enforceability and perfection of a security interest, he may ultimately be unsecured. If his security interest is enforceable and perfected, it may turn out that some other party has priority to the collateral. Even if the secured …

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 Journal

No abstract provided.

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of commercial law. The focus of this survey is whether a creditor’s statutory prejudgment remedies, which involve an application of state authority, are constitutional under the due process clause of the fourteenth amendment.

Book Review Of James K. White & Robert S. Summers, Handbook Of The Law Under The Uniform Commercial Code (1972), Harold R. Weinberg

Law Faculty Scholarly Articles

This is a book review of James K. White & Robert S. Summers, Handbook of the Law Under the Uniform Commercial Code (1972).

Commercial Paper Under The Uniform Commercial Code By Frederick M. Hart And William F. Willier, Douglas K. Newell

Kentucky Law Journal

No abstract provided.

Uniform Commercial Code--Assignments--Conditional Sales Contracts--Waiver Of Defense Claims, Jack M. Smith

Kentucky Law Journal

No abstract provided.

The Crazy Quilt Of Commercial Law: A Study In Legislative Patchwork, Terrence R. Fitzgerald

Kentucky Law Journal

No abstract provided.