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Articles 211 - 240 of 286
Full-Text Articles in Commercial Law
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
An Essay On Independence, Interdependence, And The Suretyship Principle, Peter A. Alces
Faculty Publications
In this article, Professor Peter A. Alces investigates the tension that exists between the independent and interdependent nature of contractual relations arising in suretyship agreements and letter of credit transactions. This discussion is particularly timely as the American Law Institute is currently revising both the Restatement of the Law of Suretyship and Article 5 of the Uniform Commercial Code, "Letters of Credit." This article discerns a basic incongruity between the two revisions' treatment of interrelated multiple party rights and discusses the consequences that this incongruity can be expected to have upon commercial transactions.
New Paradigms For Reasoning With Uncertain Information, Ronald R. Yager
New Paradigms For Reasoning With Uncertain Information, Ronald R. Yager
Cardozo Law Review
No abstract provided.
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Cardozo Law Review
No abstract provided.
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Cardozo Law Review
No abstract provided.
An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd
An Agenda For Reform Of The Article 9 Filing System, Peter A. Alces, Robert M. Lloyd
Faculty Publications
No abstract provided.
The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein
The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein
Cardozo Law Review
Recent changes in the law of securities transfer might be characterized as trying to put an expanding multi-faceted peg in a round hole. The proverbial round hole, of course, is the traditional negotiable instrument concept that a security is transferred by delivery. The peg is the rapidly developing system of securities issuance and holding practices in which an owner's interest in a security is evidenced by an entry on his account with a broker, bank, clearing corporation, or other intermediary, and the security itself is represented by a piece of paper in the possession of that or another third party, …
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Cardozo Law Review
No abstract provided.
Negotiability, Property, And Identity, James Steven Rogers
Negotiability, Property, And Identity, James Steven Rogers
Cardozo Law Review
No abstract provided.
The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces
The Confluence Of Bulk Transfer And Fraudulent Disposition Law, Peter A. Alces
Faculty Publications
No abstract provided.
Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces
Surreptitious And Not-So-Surreptitious Adjustment Of The U.C.C.: An Introductory Essay, Peter A. Alces
Faculty Publications
No abstract provided.
The New York Lien Law And The Garagemen’S Dilemma: Declining Metal Values Affect The Efficacy Of A Remedy, David A. Gross
The New York Lien Law And The Garagemen’S Dilemma: Declining Metal Values Affect The Efficacy Of A Remedy, David A. Gross
Cardozo Law Review
No abstract provided.
U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid
U.C.C. Methodology: Taking A Realistic Look At The Code, John L. Gedid
William & Mary Law Review
No abstract provided.
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Employment At Will: The French Experience As A Basis For Reform, Madeleine M. Plasencia
Articles
Roughly one-quarter of the workers in the United States are represented by unions, leaving three-quarters subject to the vicissitudes of the employment-at-will doctrine.' At-will employees, as a general matter, lack protection against dismissal without cause.2 That is, an employer may dismiss an "at will" employee without notice, "for good reason, bad reason or no reason at all," so long as the proffered reasons for dismissal do not violate random whistle-blowing provisions or federal and state anti-discrimination statutes.' The mirror image of the employer's right to dismiss at will is the right of an employee who was hired to perform work …
Art And Law: At Home And Abroad, Douglass Boshkoff
Art And Law: At Home And Abroad, Douglass Boshkoff
Indiana Law Journal
No abstract provided.
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip I. Blumberg
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip I. Blumberg
Cardozo Law Review
No abstract provided.
Involuntary Fraudulent Transfers, Frank R. Kennedy
Involuntary Fraudulent Transfers, Frank R. Kennedy
Cardozo Law Review
No abstract provided.
Commercial Law, Gerald Bobango
Commercial Law, Mark B. D'Antoni
Timing Of Payments By Check Under Section 547 Of The Bankruptcy Code, Azita Gorton
Timing Of Payments By Check Under Section 547 Of The Bankruptcy Code, Azita Gorton
Cardozo Law Review
No abstract provided.
Commercial Law, James Robert Williamson
Commercial Law, James Robert Williamson
West Virginia Law Review
No abstract provided.
Simultaneous Attachment Of Liens On After-Acquired Property, David G. Carlson
Simultaneous Attachment Of Liens On After-Acquired Property, David G. Carlson
Cardozo Law Review
No abstract provided.
Cashier's Checks, Certified Checks, And True Cash Equivalence, Paul M. Shupack
Cashier's Checks, Certified Checks, And True Cash Equivalence, Paul M. Shupack
Cardozo Law Review
No abstract provided.
Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan
Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan
Cardozo Law Review
No abstract provided.
Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz
Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz
Cardozo Law Review
No abstract provided.
Commercial Law, Linda Rae Artimez
The Public And Private Law Dimensions Of The Uffi Problem: Part Ii, David S. Cohen
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 …
Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack
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
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
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
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.