Commercial Law Commons^™

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 …

Restricted Distribution At The Ftc: Rule Of Reason Or Reign Of Chaos, 17 J. Marshall L. Rev. 309 (1984), Seth E. Lipner

UIC Law Review

No abstract provided.

The Public And Private Law Dimensions Of The Uffi Problem: Part Ii, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …

International Law & International Order, Daniel Patrick Moynihan

Syracuse Journal of International Law and Commerce

It is just a quarter-century since I first came to Syracuse University to teach at the Maxwell School. Sobered by the discovery that elections can be lost as well as won, I settled down and promptly finished my doctoral dissertation in the field of international law and organization. In time, along with Harlan Cleveland, then Dean at Maxwell, I left to join the Kennedy Administration. He became Assistant Secretary of State for International Affairs and, generous as always, he saw to it that I had a small hand in such matters, beginning an involvement that has been more or less …

The Law Of The Sea: Anadromous And Catadromous Fish Stocks, Sedentary Species, And The Highly Migratory Species, John Warren Kindt

Syracuse Journal of International Law and Commerce

The fishing industry has been important to many nations of the world since mankind first sailed the ocean. The diets and economies of many nations are still inextricably linked to the sea. Prior to 1900, the international fishing fleets were guided only by the principle of "catch-as-catch-can." Demand seemed relatively light when contrasted with the seemingly endless supply, and fishing had little effect on the international stock of fish. In addition, the gain to be realized by restricting access and extending jurisdictional claims over the ocean was slight in comparison to the costs of enforcing an exclusive access system. The …

Foreign Sales Corporations: A Viable Solution To The Disc Controversy?

Syracuse Journal of International Law and Commerce

The Foreign Sales Corporation Act of 1983 (FSC)1 was introduced in Congress on August 4, 1983 as a replacement for the embattled ten year old tax export aid, the Domestic International Sales Corporation (DISC).2 Given the criticism which has plagued DISC since its inception in 1971, this year's enactment of FSC is indeed a welcome change. However, as a solution to the DISC controversy under the General Agreement on Tariffs and Trade (GATT),3 or as a comparable incentive to DISC, FSC is arguably somewhat lacking.

International Regulation Of Pharmaceuticals: A Who International Code Of Conduct For The Marketing Of Pharmaceuticals?

Syracuse Journal of International Law and Commerce

The international pharmaceutical trade is important to both exporting and importing countries. Exporting countries are concerned with maintaining and further expanding their foreign pharmaceutical markets.1 Importing countries, especially developing or less developed countries (LDC's),2 are concerned with the price and quality of drugs that they import.3 Poor and newly independent states that have no pharmaceutical industry of their own are the most vulnerable in the international pharmaceutical trade. They must rely on exports from the more developed nations. The likelihood of these LDC's importing drugs of unacceptable quality. is high6 because they usually buy at the lowest prices available and …

Historic Bays Of The Mediterranean: A Conference Sponsored By Syracuse University And The University Of Pisa, Goodwin Cooke

Syracuse Journal of International Law and Commerce

On every continent, and since time practically immemorial, nation states have invoked the phrase "historic bays" to assert sovereignty over waters which would otherwise be part of the high seas. This foreword introduces the issues raised in regard to historic bays at a conference held in New York City, October 12-13, 1984.

The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman

Syracuse Journal of International Law and Commerce

The author examines the issue of coastal indentations in relation to the international law of the sea and argues that Professor Natalino Ronzitti has erroneously concluded that the Gulf of Taranto is an historic bay.

Tunisia's Claims Over Adjacent Seas And The Doctrine Of "Historic Rights", Andrea Gioia

Syracuse Journal of International Law and Commerce

This article examines Tunisia's claims to have "historic rights" to the seas along its coasts.

The Impact Of Security Concerns Upon International Economic Law, David D. Knoll

Syracuse Journal of International Law and Commerce

Having raised the question of whether differently structured economies can both gain from trade and retain a sense of national security, this paper seeks to analyze the progress of international economic law in regulating the interface between trade and defense policies.

Efficiency Justifications For Personal Property Security, James J. White

Articles

In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …

Kentucky Law Survey: Commercial Law, Richard H. Nowka

Kentucky Law Journal

No abstract provided.

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Death And Subordination Under Article 9 Of The Uniform Commercial Code: Senior Buyers And Senior Lien Creditors, David G. Carlson

Cardozo Law Review

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

Cardozo Law Review

No abstract provided.

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part Ii - Creditor Representatives, Bank Receivers, Fixtures, Crops, And Accessions, David G. Carlson, Paul M. Shupack

Cardozo Law Review

No abstract provided.

The Priority Secured Party/Subordinate Lien Creditor Conflict: Is "Lien-Two" Out In The Cold?, David Frisch

Buffalo Law Review

No abstract provided.

The "Created By His Seller" Limitation Of Section 9-307(1) Of The U.C.C.: A Provision In Need Of An Articulated Policy, William H. Lawrence

Indiana Law Journal

No abstract provided.

Uniform Commercial Code Annual Survey: General Provisions, Sales, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

On a number of issues arising under the Uniform Commercial Code (U.C.C. or Code), the courts have reached conflicting results, yet the number of jurisdictions passing on each such issue remains small. There is still time, then, for discussion of proper solutions of many of such Code issues. Of interest is the continuing judicial struggle with the intermesh of the Code's warranty provisions, the strict liability provisions of the Restatement Second of Torts, section 402A, and the burgeoning new crop of products liability statutes. The trend toward nuclear and computer problems is reflected in cases involving construction of nuclear plants, …

The Priority Secured Party/Subordinate Lien Creditor Conflict: Is "Lien-Two" Out In The Cold?, David Frisch

Law Faculty Publications

The coexistence of secured and unsecured creditors leads inevitably to conflicts between the two. How these conflicts are resolved depends to a great extent on the context in which they arise. It is not the purpose of this Article to examine the ways in which these conflicting interests are handled in insolvency proceedings, whether common law or statutory. Instead, its focus will be on the clash which occurs when an unsecured creditor armed with a judgment attempts to satisfy that judgment by resort to property of the debtor which is already subject to a perfected security interest. Assuming the priority …

Some Thoughts On Regulation Of Tender Offers , Marc I. Steinberg

Maryland Law Review

No abstract provided.

Irish Tax Law And The Foreign Investor, Conor Crowley, Paul Mcgowan

Vanderbilt Journal of Transnational Law

For over twenty-five years, successive Irish Governments have actively sought and encouraged foreign investment in Ireland. With the exception of the insurance industry, Irish statutes grant foreigners the same rights as citizens of Ireland to establish whatever type of business they desire. A minimum native Irish interest in any business is required only for the issue or transfer of shares to, or the establishment of, a business branch operation by nonresidents. Although these transactions require Exchange Control approval, that approval is usually a formality for investments expected to bring an economic benefit to Ireland.

A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces

Faculty Publications

No abstract provided.

An Economic Analysis Of The Lost-Volume Retail Seller, Victor P. Goldberg

Faculty Scholarship

Suppose that a customer agrees to buy a boat and before it is delivered, he reneges. The dealer subsequently resells the boat to another customer at the same price. Has the seller suffered damages (aside from incidental damages) and, if so, should he be compensated? This question, dubbed the lost-volume seller problem, has been the subject of considerable legal analysis, usually in the context of explicating section 2-708(2) of the Uniform Commercial Code (U.C.C.). There have been a number of attempts to apply economic analysis to this difficult question, the most recent by Professors Goetz and Scott. Unfortunately, the economic …

State Taxation Of Foreign Source Income Through Worldwide Combined Reporting, Thomas C. Pearson

Vanderbilt Journal of Transnational Law

The primary alternative to worldwide combined reporting is the method used by the United States Government--the arm's length method of taxing foreign source income. Following the explanation of the arm's length method, this Note will outline briefly the due process and commerce clause limitations on a state's jurisdiction to tax and will describe the methods states have chosen to apportion the business income of a unitary business in order to comply with the commerce clause. The impact of worldwide combined reporting depends upon the apportionment formula adopted by the state and the state's definition of the terms "unitary business" and …

Letters Of Credit In East-West Trade: Soviet Reception Of Capitalist Custom, George M. Armstrong, Jr.

Vanderbilt Journal of Transnational Law

This Article examines the Soviet system for financing the purchase and sale of goods by a Soviet enterprise from a Western merchant. This Article is organized chronologically, commencing with the initial contact between a Western merchant and an FTO, the merchant's liaison with Soviet industrial enterprises.

The Article examines the role of the FTO in mediating relations between Soviet enterprises and their Western contracting partners. It then examines the procedures employed by the Bank for Foreign Trade to establish the credit, to handle the documentary transaction, and to determine whether to honor the seller's demand for payment. The Article finally …

Special Project -- Legal Issues Arising From The Mexican Economic Crisis, Robert L. Morgan --, J. Robert Paulson, Jr., Fred A. Frost, Terrence L. Dugan, Cynthia L. Wells, G. Wilson Horde, Iii, Judith B. Anderson

Vanderbilt Journal of Transnational Law

The economic crisis in Mexico, which profoundly altered the financial and political course of that nation, has also had a significant impact on persons and corporations having business ties to Mexico. Foreign investors and businesses now are required to follow new Mexican rules that often differ dramatically from those previously in effect. The impact of the crisis has not been confined to changes in Mexican law. A substantial number of issues have arisen that will have significant bearing on United States and international law.

The Special Project discusses the changes in the legal environment following the crisis, with its focus …

The European Community, The United States, And Ireland: An Intermesh Of Statutory Provisions, Finbarr Murphy

Vanderbilt Journal of Transnational Law

This Article will outline the effects that Ireland's membership in the European Community has had on direct investment by United States corporations in Ireland. The Article begins with a survey of the diplomatic, commercial, and economic links between the United States and Ireland, and then examines the relationship between the United States and the European Community. The third section reviews the legal and constitutional aspects of Irish membership in the European Community and outlines the new legal and economic order of which Ireland has become a member. Last, the Article examines the effect that Ireland's membership in the European Community …