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Articles 181 - 210 of 286
Full-Text Articles in Commercial Law
Section 3: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Faculty Publications
No abstract provided.
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Rotten Foundations Of Securitization, David G. Carlson
The Rotten Foundations Of Securitization, David G. Carlson
Articles
No abstract provided.
Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh
Liberty, Trade, And The Uniform Commercial Code: When Should Default Rules Be Based On Business Practices?, Kerry Lynn Macintosh
William & Mary Law Review
No abstract provided.
Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch
Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch
Faculty Publications
No abstract provided.
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross
Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
“Like Master, Like Man”: Constructing Whiteness In The Commercial Law Of Slavery, 1800-1861, Ariela J. Gross
“Like Master, Like Man”: Constructing Whiteness In The Commercial Law Of Slavery, 1800-1861, Ariela J. Gross
Cardozo Law Review
In 1836, Leonard Wideman bought a slave named Charles from Jonathan Johnson, paying in part with a $100 note. Not long after, Johnson sued Wideman in the Circuit Court of Abbeville, South Carolina for failing to pay his note. In defense, Wideman argued that he should not have to pay Charles's price because Johnson had fraudulently represented Charles to be sober, honest, and humble, when, in fact, he was insubordinate, vicious, a drunkard, and a runaway. The trial turned not only on Charles's character, but also on the character of his masters: Johnson, Wideman, and others who had previously owned …
Section 4: Business, Commerce, Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Business, Commerce, Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
On The Ucc Revision Process: A Reply To Dean Scott, Peter A. Alces, David Frisch
William & Mary Law Review
No abstract provided.
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Some Realism About Legal Surrealism, Jeanne L. Schroeder
William & Mary Law Review
No abstract provided.
Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews
Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews
Cardozo Law Review
Part I of this Note examines the mistake made by the Tenth Circuit in Octagon Gas. It further discusses the related problem inherent in a district court's belief that it is bound by a circuit court's previous Erie decision in light of the recent Winter Panel decision. Part II demonstrates that, despite the doctrine of precedent, district courts are not invariably bound by the diversity decisions of their circuit courts under the modem Erie doctrine, and therefore, should independently determine the state issues before them. Part III returns to Winter Panel and examines how the District Court of Massachusetts …
Chilean Consumer Protection Standards And The United Nations Guidelines On Consumer Protection: A Comparative Study Revealing Regional Conflicts, Robert Vaughn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Section 5: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
A Rejoinder, Jonathan R. Macey
A Rejoinder, Jonathan R. Macey
Cardozo Law Review
In a rare moment of self-restraint, I resolved not to bother to write a comment to David Ratner's spirited but unconvincing reply to my earlier article in the Cardozo Law Review. Since Ratner's response contained no defense whatsoever of the work of the Securities and Exchange Commission ("SEC"), no criticism whatsoever of my general theory of agency obsolescence, and no theory of its own to defend the SEC, it seemed to me at first that the best course of action was to allow Ratner's reply to serve as its own refutation.
Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Property And Economic Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Contract Formation And Modification Under Revised Article 2, Richard E. Speidel
Contract Formation And Modification Under Revised Article 2, Richard E. Speidel
William & Mary Law Review
No abstract provided.
Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer
Intangibles Contracts: Thoughts Of Hubs, Spokes, And Reinvigorating Article 2, Raymond T. Nimmer
William & Mary Law Review
No abstract provided.
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
Reinventing The Wheel, Marion W. Benfield Jr., Peter A. Alces
William & Mary Law Review
No abstract provided.
The Revision Of Article 2: Romancing The Prism, John E. Murray Jr.
The Revision Of Article 2: Romancing The Prism, John E. Murray Jr.
William & Mary Law Review
No abstract provided.
Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman
Standards For Revising Article 2 Of The U.C.C.: The Nom Clause Model, Robert A. Hillman
William & Mary Law Review
No abstract provided.
Good Faith In Articles 1 And 2 Of The U.C.C.: The Practice View, Steven J. Burton
Good Faith In Articles 1 And 2 Of The U.C.C.: The Practice View, Steven J. Burton
William & Mary Law Review
No abstract provided.
Consumer Issues And The Revision Of U.C.C. Article 2, Fred H. Miller
Consumer Issues And The Revision Of U.C.C. Article 2, Fred H. Miller
William & Mary Law Review
No abstract provided.
Consumers-R-Us: A Reality In The U.C.C. Article 2 Revision Process, Yvonne W. Rosmarin
Consumers-R-Us: A Reality In The U.C.C. Article 2 Revision Process, Yvonne W. Rosmarin
William & Mary Law Review
No abstract provided.
Appropriate Standards For A Buyer's Refusal To Keep Goods Tendered By A Seller, William H. Lawrence
Appropriate Standards For A Buyer's Refusal To Keep Goods Tendered By A Seller, William H. Lawrence
William & Mary Law Review
No abstract provided.
Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch
Remedies As Property: A Different Perspective On Specific Performance Clauses, David Frisch
William & Mary Law Review
No abstract provided.
Roll Over, Llewellyn?, Peter A. Alces