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Articles 31 - 60 of 84
Full-Text Articles in Commercial Law
Rational Retroactivity In A Commercial Context, David Frisch
Rational Retroactivity In A Commercial Context, David Frisch
Law Faculty Publications
This Article focuses on the commercial law context. While transition issues have previously received scant attention, this area of the law is proceeding at an accelerating rate, making transition policy crucially important at this time. In particular, this Article will consider the plausibility and implications of a retroactivity norm in the commercial law context by examining the recent revisions and amendments to Articles 1 and 2 of the Code. Two claims will be advanced: The incentive-based analysis of retroactivity issues in other contexts does not necessarily comport with the realities of commercial law, and consideration of both expectations and incentives …
Reconciling Shareholder Limited Liability With Vicarious Copyright Liability: Holding Parent Corporations Liable For The Copyright Infringement Of Subsidiaries, Joshua M. Siegel
Reconciling Shareholder Limited Liability With Vicarious Copyright Liability: Holding Parent Corporations Liable For The Copyright Infringement Of Subsidiaries, Joshua M. Siegel
University of Richmond Law Review
No abstract provided.
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
University of Richmond Law Review
No abstract provided.
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
University of Richmond Law Review
While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is …
Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch
Contractual Choice Of Law And The Prudential Foundations Of Appellate Review, David Frisch
Law Faculty Publications
What are the advantages and disadvantages of appellate review of trial court rulings on issues of foreign law? What exactly does judicial review of unsettled questions of foreign law accomplish? What is its price? These questions are of considerable theoretical interest and immense practical importance. Their resolution calls for inquiries into the allocation of judicial authority and in its production of outcomes in the real world. The discussion proceeds first by briefly describing in Part II some of the causes and effects of the steadily increasing caseloads in appellate courts. After demonstrating that these caseloads may soon become unmanageable, Part …
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch
Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch
University of Richmond Law Review
These are exciting times for commercial lawyers. Over the past fifteen years, the sponsoring organizations of the Uniform Commercial Code (UCC or the Code), the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL), have been hard at work to keep the UCC responsive to contemporary needs. Aside from periodic adjustments to existing UCC articles that reflect societal changes, two new articles have been added to cover commercial activity previously governed by the common law of contract. In 1998, the ALI and NCCUSL gave their approval to the final text of the newest version …
Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert
Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert
Richmond Journal of Law & Technology
The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state …
The Taxation Of E-Commerce: The Inapplicability Of Physical Presence Necessitates An Economic Presence Standard, Kathleen P. Lundy
The Taxation Of E-Commerce: The Inapplicability Of Physical Presence Necessitates An Economic Presence Standard, Kathleen P. Lundy
Richmond Journal of Law & Technology
The explosive growth of electronic commerce has served as a catalyst for immense economic growth. Virtually every aspect of traditional commerce now has some presence on the Internet. As such, the way people shop for clothing, cars, airline tickets, and even groceries, has been changed forever. However, these developments may also have drawbacks. As more and more traditional brick-and-mortar stores transfer their operations to the Internet, there are many unintended consequences. The traditional infrastructure of retail stores may slowly begin to erode. Similarly, jobs in the retail industry may be eliminated in favor of more efficient, more cost-effective Internet technology.
E-Business, E-Commerce & The Law, John F. Rudin
E-Business, E-Commerce & The Law, John F. Rudin
Richmond Journal of Law & Technology
Advocates argue that UCITA (Uniform Computer Information Transactions Act) provides rules of the road for the technology highway much like the Uniform Commercial Code (UCC) has done with our commerce system for several decades. However, the UCC provides a level playing field where businesses and customers are aware of the rules prior to conducting business. Among its many shortcomings, UCITA lacks the notice and disclosure features of the UCC. A simple double click of a mouse with the cursor on an icon that reads "I accept" binds the customer to a contract that has not been reviewed prior to purchase. …
Commercial Common Law, The United Nations Convention On The International Sale Of Goods, And The Inertia Of Habit, David Frisch
Commercial Common Law, The United Nations Convention On The International Sale Of Goods, And The Inertia Of Habit, David Frisch
Law Faculty Publications
This Article develops a model of judicial behavior that rests on the idea that a judge's decision is a function of her attitudes and role orientations and these, in turn, are heavily influenced by her law school education. The result is an intellectual stubbornness that may lead judges to reject not only optional innovations that may present themselves, but may also cause them to construe mandatory provisions as if no change had occurred. This model and the Convention on the International Sale of Goods illustrate situations in which the emerging international commercial code may play an important role in the …
Commercial Codification As Negotiation, David Frisch
Commercial Codification As Negotiation, David Frisch
Law Faculty Publications
Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …
A Literalist Proposes Four Modest Revisions To U.C.C. Article 3, Timothy R. Zinnecker
A Literalist Proposes Four Modest Revisions To U.C.C. Article 3, Timothy R. Zinnecker
University of Richmond Law Review
I first taught a Payment Systems class during the fall of 1994. Not having taken the course in law school, and bringing very little "real world" experience in this area of commercial law to the classroom, I approached the task of teaching the course with some degree of fear and trepidation. I had already taught Secured Transactions, so I was familiar with the challenges of teaching a statutory course to a reluctant audience scarred by horror stories of their predecessors. I also audited a Payment Systems course taught by a colleague during the summer, so I had a good start …
Commenting On "Purpose" In The Uniform Commercial Code, David Frisch
Commenting On "Purpose" In The Uniform Commercial Code, David Frisch
Law Faculty Publications
This Article describes the congruities and incongruities of applying a purposive interpretation to Code provisions. We intend nothing provocative; indeed, it would be provocative to suggest that a living organism such as the UCC should be applied in a manner inconsiderate of its "purpose." Our object is to come to terms with the sources of purpose. What is it that counsel, courts, and transactors, for that matter, need in order to discern the law's reason that will determine their bargain, their rights when the bargain fails? In Part II of this Article, we focus on section 1-102 of the Code, …
On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch
On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch
Law Faculty Publications
This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by the United States …
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Law Faculty Publications
The approach adopted here is both historical and analytical. Part II of this Article describes the historical development of assignment law, and demonstrates that it parallels a more general shift of the law away from physical conceptions of property. It concludes that although a paper-based document may still be a practical requirement, there is no longer a valid theoretical justification for not making the law of negotiable instruments media neutral. In Part III we survey the features of negotiable instrument law and compare it generally with the law of assignments. This comparison suggests that the most striking substantive difference between …
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
Law Faculty Publications
Part I of this Article begins by reasserting that central to the idea of property rights is the legal entitlement to remedies that permits a person to exercise dominion over the specific asset or to exclude the exercise of dominion by others. Next, part I examines the essence of a security interest and demonstrates that it is a protected property interest. Part II sets forth a model of priorities that suggests that although property interests should ordinarily be protected by a property rule, there is something special about a security interest, implying the need for greater contingency and justifying a …
City Of Cincinnati V. Discovery Network, Inc.: Towards Heightened Scrutiny For Truthful Commercial Speech?, Robert T. Cahill Jr.
City Of Cincinnati V. Discovery Network, Inc.: Towards Heightened Scrutiny For Truthful Commercial Speech?, Robert T. Cahill Jr.
University of Richmond Law Review
Only recently' has the Supreme Court given First Amendment protection to commercial speech. Initially, the Court refused to extend constitutional protection to commercial utterances. In Valentine v. Chrestensen, the Court, without citing any precedent, held that "we are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." However, soon after the Chrestensen decision, in the wake of post-war economic development, the Court began to express doubt about its validity. This doubt eventually culminated in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council.
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
This article reviews recent case law and related developments under Articles 1, 2, 6 and 7 of the Uniform Commercial Code (U.C.C. or Code).
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
This survey of commercial law in Virginia discusses significant Uniform Commercial Code ("Code") cases decided by the Virginia Supreme Court during the past year, as well as all significant statutory changes made to the Code during the 1991 session of the General Assembly. It also reviews selected Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia.
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
This survey reviews recent case law and related developments under articles 1, 2, 6, and 7 of the Uniform Commercial Code ("U.C.C." or "Code").
An Appraisal Of The March 1, 1990 Preliminary Report Of The Uniform Commercial Code Article 2 Study Group, David Frisch
An Appraisal Of The March 1, 1990 Preliminary Report Of The Uniform Commercial Code Article 2 Study Group, David Frisch
Law Faculty Publications
In the spring of 1988, the Permanent Editorial Board for the Uniform Commercial Code, with the approval of the National Conference of Commissioners on Uniform State Laws and the American Law Institute, began a formal study of Article 2 with the goal of reaching a decision as to whether the text should be revised. To this end, a Study Group was appointed, and Professor Richard E. Speidel of Northwestern University was selected to serve as Project Director.• On March 1, 1990, after two years of study, the Study Group issued a 245-page preliminary report for general public discussion and consideration. …
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
This survey of commercial law discusses all Supreme Court of Virginia cases interpreting Virginia's version of the Uniform Commercial Code (the "Code" or the "U.C.C.") during the previous year, as well as statutory changes made to the Code in the most recent session of the General Assembly. It also reviews significant Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia. It is current as of about May 1, 1990.
Buyer's Remedies And Warranty Disclaimers: The Case For Mistake And The Indeterminacy Of U.C.C. Section 1-103, David Frisch
Buyer's Remedies And Warranty Disclaimers: The Case For Mistake And The Indeterminacy Of U.C.C. Section 1-103, David Frisch
Law Faculty Publications
The primary purpose of this article is not to end the longstanding malaise surrounding section 1-103, but to illuminate its existence and encourage a serious reconsideration of the extent to which common law and equitable principles serve as sources of law in resolving cases under the Code. A greater appreciation of the importance of this issue to commercial law development will result in an approach which makes the law more predictable and which better facilitates the essential need to keep the Code responsive to commercial practice. Part II of this article introduces the context within which section 1-103 will be …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
This year several cases discussed the preemptive effect of the Federal Cigarette Labeling and Advertising Act upon state law tort and contract claims arising from the sale of cigarettes to smokers who contracted cancer. This is aptly illustrated by Forster v. R. Reynolds Tobacco Co., which was decided by the Minnesota Supreme Court. In that case, the smoker (Forster) sued a cigarette manufacturer (R.J. Reynolds) in strict products liability, misrepresentation, breach of warranty, and negligence. The cigarette manufacturer moved for summary judgment on the ground that the Federal Cigarette Labeling and Advertising Act preempted all state tort claims. The trial …
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
This survey reviews recent case law and related developments under articles 1, 2, 6, and 7 of the Uniform Commercial Code ("U.C.C." or "Code").
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.