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Articles 1 - 30 of 73
Full-Text Articles in Commercial Law
Untangling The Market-Participant Exemption To The Dormant Commerce Clause, Dan T. Coenen
Untangling The Market-Participant Exemption To The Dormant Commerce Clause, Dan T. Coenen
Michigan Law Review
This article explores the market-participant rule. Part I traces the rule's evolution and shows how it has proven less rigid than some initially feared. Part II probes the roots of the rule by challenging justifications for it suggested by other observers. Part III offers an alternative theory of the market-participant doctrine, arguing in particular that it rests on a cluster of rationales that properly have led· the Court to uphold marketplace preferences as the "general rule." Part IV builds on Part III to advance a new, four-part framework for evaluating market-participant issues. Part V then uses that framework to apply …
Untangling The Market-Participant Exemption To The Dormant Commerce Clause, Dan T. Coenen
Untangling The Market-Participant Exemption To The Dormant Commerce Clause, Dan T. Coenen
Scholarly Works
There is no theme more familiar to constitutional law than the clash between federal power and state autonomy. The history of that struggle reveals, by and large, a long losing battle by the states. Over the years, the Supreme Court has recognized far-reaching congressional powers, rebuffed efforts to rein them in through use of the tenth amendment, and saddled the states with every significant restraint imposed by the Bill of Rights. From time to time, however, the currents of constitutional doctrine run in favor of local control. In recent years, for example, the Court has stemmed the tide toward constitutionalizing …
Equal Protection Run Amok? An Analysis Of The Nebraska Supreme Court's Decision In The Northern Natural Gas Case, Walter Hellerstein
Equal Protection Run Amok? An Analysis Of The Nebraska Supreme Court's Decision In The Northern Natural Gas Case, Walter Hellerstein
Scholarly Works
In Northern Natural Gas Co. v. State Board of Equalization and Assessment, the Nebraska Supreme Court held that the state could not constitutionally tax the personal property of one taxpayer while exempting the personal property of other taxpayers. Specifically, the court held that pipelines were entitled to an exemption of their personal property because the personal property of railroads and car-lines had been exempted from taxation pursuant to the provisions of the Railroad revitalization and Regulatory Reform Act of 1976 (the 4-R Act), which requires that the railroad and car-line property be taxed in the same way as other commercial …
Is It A Sale Or A Lease: The Implications Of Article 2a And Revised U.C.C. Section 1-201(37) In North Carolina, Brent Wood
North Carolina Central Law Review
No abstract provided.
Application Of The Branch Profits Tax To Certain Foreign Corporations, Kathy Lackmann
Application Of The Branch Profits Tax To Certain Foreign Corporations, Kathy Lackmann
North Carolina Journal of International Law
No abstract provided.
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 Joint Declaration By The Eec And The Cmea, Goran Lysen
The Joint Declaration By The Eec And The Cmea, Goran Lysen
North Carolina Journal of International Law
No abstract provided.
Cooperation On Export Control Between The United States And Europe: A Cradle Of Conflict In Technology Transfer, Robert Van Den Hoveen Van Genderen
Cooperation On Export Control Between The United States And Europe: A Cradle Of Conflict In Technology Transfer, Robert Van Den Hoveen Van Genderen
North Carolina Journal of International Law
No abstract provided.
U.S. Tobacco Goes Abroad: Section 301 Of The 1974 Trade Act As A Tool For Achieving Access To Foreign Tobacco Markets, Fred H. Jones
U.S. Tobacco Goes Abroad: Section 301 Of The 1974 Trade Act As A Tool For Achieving Access To Foreign Tobacco Markets, Fred H. Jones
North Carolina Journal of International Law
No abstract provided.
The Legal And Economic Impact Of The Federal Reserve Board's Ruling To Allow U.S. Depository Institutions To Accept Foreign Currency Deposits, Dean C. Alexander
The Legal And Economic Impact Of The Federal Reserve Board's Ruling To Allow U.S. Depository Institutions To Accept Foreign Currency Deposits, Dean C. Alexander
North Carolina Journal of International Law
No abstract provided.
Nissan Motor Manufacturing Corp. V. United States: An Update In Foreign Trade Zone Law, Susan M. Spraul
Nissan Motor Manufacturing Corp. V. United States: An Update In Foreign Trade Zone Law, Susan M. Spraul
North Carolina Journal of International Law
No abstract provided.
Environmental Tectonics Corp. V. W.S. Kirkpatrick, Inc.: The Act Of State Doctrine And The Problem Of Judicial Inconsistency, Sandra Elizabeth Tremper
Environmental Tectonics Corp. V. W.S. Kirkpatrick, Inc.: The Act Of State Doctrine And The Problem Of Judicial Inconsistency, Sandra Elizabeth Tremper
North Carolina Journal of International Law
No abstract provided.
Book Review, North Carolina Journal Of International Law And Commercial Regulation
Book Review, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
"Whatever Is Received": Evaluating Collateral, Its Disposition, And Proceeds Under Article 9 Of The Uniform Commercial Code—Rainier National Bank V. Bachmann, 111 Wash. 2d 298, 757 P.2d 979 (1988), Thomas L. Weinberg
Washington Law Review
In Rainier National Bank v. Bachmann, the Washington Supreme Court held that payments made to a debtor under the federal Dairy Termination Program were "proceeds" of the collateral at issue in the case under the Uniform Commercial Code ("UCC"). The author examines the relationship between proceeds and the collateral described by parties to a security agreement, concludes that the court improperly applied the UCC in Bachmann, and recommends an approach to evaluating proceeds
The Process Patent Amendments Act Of 1988: Solving An Old Problem, But Creating New Ones, W. Bradley Haymond
The Process Patent Amendments Act Of 1988: Solving An Old Problem, But Creating New Ones, W. Bradley Haymond
BYU Law Review
No abstract provided.
Competition Versus Cooperation: The D.C. Circuit Referees The Transborder Policy, Christopher W. Derrick
Competition Versus Cooperation: The D.C. Circuit Referees The Transborder Policy, Christopher W. Derrick
North Carolina Journal of International Law
No abstract provided.
The Regulation Of International Telecommunication Services: A New Approach, Adriana C. Nugter M., Jan M. Smits
The Regulation Of International Telecommunication Services: A New Approach, Adriana C. Nugter M., Jan M. Smits
North Carolina Journal of International Law
No abstract provided.
Gifts, Bargains, And Form, Jane B. Baron
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.
The Legal Commitment Of The United States To The Intelsat System, Bert W. Rein, Carl R. Frank
The Legal Commitment Of The United States To The Intelsat System, Bert W. Rein, Carl R. Frank
North Carolina Journal of International Law
No abstract provided.
The Regulation Of Commercial Radio Broadcasting In The United Kingdom, Timothy H. Jones
The Regulation Of Commercial Radio Broadcasting In The United Kingdom, Timothy H. Jones
North Carolina Journal of International Law
No abstract provided.
Opening The International Television Market To Greater Program Diversity, Donna Coleman Gregg
Opening The International Television Market To Greater Program Diversity, Donna Coleman Gregg
North Carolina Journal of International Law
No abstract provided.
A Critical Review Of The Justice Department's 1988 Antitrust Guidelines For International Operations, Robert G. Shimp
A Critical Review Of The Justice Department's 1988 Antitrust Guidelines For International Operations, Robert G. Shimp
North Carolina Journal of International Law
No abstract provided.
Telecommunications: A Bridge To Better East-West Relations, Parker W. Borg, Frederic A. Emmert
Telecommunications: A Bridge To Better East-West Relations, Parker W. Borg, Frederic A. Emmert
North Carolina Journal of International Law
No abstract provided.
Bullfrog Films, Inc. V. Wick: Can The Government Condition Filmmakers' Access To Duty-Free Foreign Distribution Based On Ideology, Thomas A. Beckett, Beatrice Joan Davis
Bullfrog Films, Inc. V. Wick: Can The Government Condition Filmmakers' Access To Duty-Free Foreign Distribution Based On Ideology, Thomas A. Beckett, Beatrice Joan Davis
North Carolina Journal of International Law
No abstract provided.
No Fair Report Privilege For Foriegn Government Press Reports: Chang-Sin Lee V. Dong-A. Ilbo, Robert P. Trivette
No Fair Report Privilege For Foriegn Government Press Reports: Chang-Sin Lee V. Dong-A. Ilbo, Robert P. Trivette
North Carolina Journal of International Law
No abstract provided.
Special Project: Lender Liability, Journal Staff
Special Project: Lender Liability, Journal Staff
Vanderbilt Law Review
In recent years banks and other commercial lending institutions have faced a rapid increase in problem loans.' At the same time, the relatively new phenomenon in United States law known as "lender liability" has signaled an expansion of the legal theories under which courts may find lenders liable for damages incurred by borrowers. Perhaps most significantly, many courts now allow borrowers to recover against lenders based on various tort theories. Because of the broader remedies afforded under tort theories as compared to those remedies previously available in contract, some lenders recently have experienced large adverse verdicts. If courts continue to …
Does The Tenth Amendment Pose Any Judicial Limit On The Commerce Clause After Garcia V. San Antonio Metropolitan Transit Authority And South Carolina V. Baker?, Karl M. Tillman
BYU Law Review
No abstract provided.
The U.S.-Ec Hormore Beef Controversy And The Standards Code: Implications For The Application Of Health Regulations To Agricultural Trade, Adrian Rafael Halpern
The U.S.-Ec Hormore Beef Controversy And The Standards Code: Implications For The Application Of Health Regulations To Agricultural Trade, Adrian Rafael Halpern
North Carolina Journal of International Law
No abstract provided.
World Shipping: Between Liberalism And Protectionism, George N. Yannopoulos
World Shipping: Between Liberalism And Protectionism, George N. Yannopoulos
North Carolina Journal of International Law
No abstract provided.