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Articles 1 - 30 of 75
Full-Text Articles in Commercial Law
Taxation–Sale And Leaseback–Multiple Party Transaction With Economic Substance And Business Purpose Is Valid, Lane H. Strother
Taxation–Sale And Leaseback–Multiple Party Transaction With Economic Substance And Business Purpose Is Valid, Lane H. Strother
University of Arkansas at Little Rock Law Review
No abstract provided.
Usury–Commitment Fees–Maybe Yes, Maybe No, But Not This Time, Michael E. Wheeler
Usury–Commitment Fees–Maybe Yes, Maybe No, But Not This Time, Michael E. Wheeler
University of Arkansas at Little Rock Law Review
No abstract provided.
Usury In Arkansas–Revisited, Revised And Reaffirmed, James E. Mitchell, W. Christopher Barrier
Usury In Arkansas–Revisited, Revised And Reaffirmed, James E. Mitchell, W. Christopher Barrier
University of Arkansas at Little Rock Law Review
No abstract provided.
"Doing Business": Defining State Control Over Foreign Corporations, William A. Holby
"Doing Business": Defining State Control Over Foreign Corporations, William A. Holby
Vanderbilt Law Review
This Note will attempt to analyze the present status of the term "doing business" or the substitute terminology used to define that level of activity sufficient to subject a foreign corporation to state control in a particular context.' After defining the degree of activity necessary to permit the state to exercise control in each context, this Note will analyze the accuracy and utility of using terminology such as "doing business" in describing whether corporate activity within a state is sufficient to permit state exercise of legislative or judicial jurisdiction. This Note concludes by pro-posing that use of such ambiguous language …
Book Review Of Basic Uniform Commercial Code - Teaching Materials, Edward A. Laing
Book Review Of Basic Uniform Commercial Code - Teaching Materials, Edward A. Laing
Journal of Legal Education
No abstract provided.
Appealability Of District Court Orders Disapproving Proposed Settlements In Shareholder Derivative Suits, Harold N. Falls, Jr.
Appealability Of District Court Orders Disapproving Proposed Settlements In Shareholder Derivative Suits, Harold N. Falls, Jr.
Vanderbilt Law Review
This Recent Development will trace briefly the history of the collateral order doctrine, focusing on recent treatment by the Supreme Court. After an examination of the elements of a district court's decision to approve or disapprove a derivative suit settlement, the Recent Development will analyze the conflicting results reached by the United States Court of Appeals for the Second and Ninth Circuits in light of the Supreme Court's apparent retrenchment. Although finding that the Second Circuit's decision to reject appeal ability is most consistent with recent Supreme Court pronouncements, this Recent Development submits that the Supreme Court has adopted an …
Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman
Policing Contract Modifications Under The Ucc: Good Faith And The Doctrine Of Economic Duress, Robert A. Hillman
Cornell Law Faculty Publications
No abstract provided.
The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart
The Negative Commerce Clause And State Environmental Legislation-Externalities Suggest Application Of The Tax Standard To Environmental Regulations, Douglas K. Stewart
Vanderbilt Law Review
This Note advocates judicial application of this tax analysis not only to tax environmental legislation, but also to regulatory environmental legislation. The theoretical justification for this thesis is provided by the economic concept of externalities. Externalities are elements used in the production of a marketed item without cost to the producer, but at a cost to others. The term "externality"stems from the fact that the use of the element of production is not included in the market price of the item. Undesirable environmental impact has been recognized as an externality -- a cost to those people adversely affected by it …
Patent Cooperation Treaty: A New Adventure In The Internationality Of Patents, Edward F. Mckie Jr.
Patent Cooperation Treaty: A New Adventure In The Internationality Of Patents, Edward F. Mckie Jr.
North Carolina Journal of International Law
No abstract provided.
A Practitioner's Guide To The Tokyo Round Trade Negotiations, Thomas R. Graham
A Practitioner's Guide To The Tokyo Round Trade Negotiations, Thomas R. Graham
North Carolina Journal of International Law
No abstract provided.
At Sea With Schaffer V. Heitner: Grand Bahama Petroleum Co. V. Canadian Transport Agencies, Lawrence J. Tytla
At Sea With Schaffer V. Heitner: Grand Bahama Petroleum Co. V. Canadian Transport Agencies, Lawrence J. Tytla
North Carolina Journal of International Law
No abstract provided.
Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor
Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor
Vanderbilt Law Review
This Special Project undertakes an examination of Justice Stevens' Supreme Court opinions in an effort to identify his philosophical orientations, to evaluate the consistency of his views, and to determine the extent to which he has developed workable analytical methods. To achieve these goals, Justice Stevens' opinions are examined in three contexts: first, the area of federal-state relations,including commerce clause and supremacy clause questions; second, the individual rights area, emphasizing criminal constitutional and first amendment issues, and problems of fifth and fourteenth amendment analysis; and third, questions concerning the proper role of the Supreme Court in the constitutional scheme. Even …
Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation
Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
The Edge Act: Will Recent Changes Give Banks With Interstate Subsidiaries An Edge In Domestic As Well As International Banking, Mary Patricia Azevedo
The Edge Act: Will Recent Changes Give Banks With Interstate Subsidiaries An Edge In Domestic As Well As International Banking, Mary Patricia Azevedo
North Carolina Journal of International Law
No abstract provided.
Customs Court Jurisdiction In International Trade Cases, Jonathan S. Brenner
Customs Court Jurisdiction In International Trade Cases, Jonathan S. Brenner
University of Michigan Journal of Law Reform
This article discusses the specific problems involved in Customs Court jurisdiction. After outlining in Part I these jurisdictional problems and the court's failure to deal with them, the article, in Part II, proposes an analytic framework that focusses attention on the relevant criteria for ascertaining Customs Court jurisdiction. This framework is built upon the exclusivity of Customs Court jurisdiction and exhaustion of the administrative review process. The distinct rights of importers and manufacturers are also discussed and the special problem of cases which do not meet the procedural prerequisites for Customs Court jurisdiction are explored. Finally, Part III of this …
Computer Programs As Goods Under The U.C.C., Michigan Law Review
Computer Programs As Goods Under The U.C.C., Michigan Law Review
Michigan Law Review
This Note addresses the requirements for governing computer program contracts by article 2 of the U.C.C.: that the several methods of selling programs be "transactions in goods" and that the goods not be merely incidental to accompanying services. This Note concludes that contracts for program copies are, in most contexts, transactions within the scope of article 2.
Recent Developments, North Carolina Journal Of International Law And Commercial Regulation
Recent Developments, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
The World Textile Multi-Fiber Arrangement: A Question Of Balance, Ernest C. Mclean Iii
The World Textile Multi-Fiber Arrangement: A Question Of Balance, Ernest C. Mclean Iii
North Carolina Journal of International Law
No abstract provided.
Letters Rogatory: Current Problems Facing International Judicial Assistance, Thomas Land Fowler
Letters Rogatory: Current Problems Facing International Judicial Assistance, Thomas Land Fowler
North Carolina Journal of International Law
No abstract provided.
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
Commercial Law–Usury–Lease Constructed As Installment Sale, Nelwyn Leone Davis
University of Arkansas at Little Rock Law Review
No abstract provided.
U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson
U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson
William & Mary Law Review
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.
Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation
Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
Front Matter
Syracuse Journal of International Law and Commerce
Front cover, Board of advisors, Board of editors, Publication information, Contents, Dedication.
Mining The Deep Seabed: A Range Of Perspectives, George H. Aldrich, L.F.E. Goldie, Lawrence L. Herman, Roger H. Hull, Roy Lee, Ron Losch, Paul N. Mccloskey Jr., Vincent Mckelvey, Mati L. Pal, Richard Young
Mining The Deep Seabed: A Range Of Perspectives, George H. Aldrich, L.F.E. Goldie, Lawrence L. Herman, Roger H. Hull, Roy Lee, Ron Losch, Paul N. Mccloskey Jr., Vincent Mckelvey, Mati L. Pal, Richard Young
Syracuse Journal of International Law and Commerce
Introduction to the symposium entitled: Mining the Deep Seabed: A Range of Perspectives. The introduction is written by Roger H. Hull, who introduces the panel, people in attendance, and core issues involving the system of exploration and exploitation for the the deep seabed resource policy, financial arrangements, and the structure of the Authority, which all parties agree will play a major role in the development of the deep seabed.
"Peaceful Purposes" And Other Relevant Provisions Of The Revised Composite Negotiating Text: A Comparative Analysis Of The Existing And The Proposed Military Regime For The High Seas, Rex J. Zedalis
Syracuse Journal of International Law and Commerce
In view of the short term and the long term international instability which may be generated by the militarization of outer space, the polar zones, or the oceans, it is imperative that the prescriptions of international law affecting military utilization of such areas be thoroughly examined in order to determine if adequate and effective restrictions or limitations on such activities exist. This study will initiate and hopefully stimulate continuing interest in such an examination by scrutinizing the international legal prescriptions which affect various military uses of the high seas.
Back Matter
Syracuse Journal of International Law and Commerce
Book review, Job placement, Ordering information, Back Cover
Settlement Of International Commercial Disputes, Michael A. Almond
Settlement Of International Commercial Disputes, Michael A. Almond
North Carolina Journal of International Law
No abstract provided.
Japanese Attitudes Towards Commerical Agreements With The People's Republic Of China, Lewis Marks, Masaru Ono
Japanese Attitudes Towards Commerical Agreements With The People's Republic Of China, Lewis Marks, Masaru Ono
Syracuse Journal of International Law and Commerce
This article intends to demonstrate the similarity of Japanese and Chinese attitudes towards contractual agreements by contrasting Japan-.P.R.C. agreements with Japan-United States and Japan-third world agreements. This similarity of attitudes, the structural support framework for bilateral trade, technology, and after-sales service can explain Japan's success in trading with the P.R.C.