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Articles 1 - 30 of 42
Full-Text Articles in Commercial Law
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
Faculty Scholarship
Bitcoin and the other cryptocurrencies spawned by the innovation of blockchain programming have exploded in prominence, both in gains of massive market value and in dramatic market losses, the latter most notably seen in connection with the failure of the FTX cryptocurrency exchange in November 2022. After years of investment and speculation, however, something crucial has faded: the original use case for Bitcoin as a system of payment. Can cryptocurrency-as-a-payment-system be saved, or are day traders and speculators the actual cryptocurrency future? This article suggests that cryptocurrency has been hobbled by a lack of foundational commercial and consumer-protection law that …
Exploring Banks' Duty Of Care Towards Non-Customers In U.C.C. Article 3 & 4, Anis A. Houssein
Exploring Banks' Duty Of Care Towards Non-Customers In U.C.C. Article 3 & 4, Anis A. Houssein
Maurer Theses and Dissertations
This Thesis analyzes the bank transaction regarding cashing or accepting for deposit instruments over forged or unauthorized indorsements. Also, it investigates the development of conversion of instruments through the years and the courts’ contribution to the development. It examines the U.C.C. former section 3-419 and the courts’ reaction to the defense afforded to banks against an allegation of conversion and examines as well the current 3-420 and the reasons that led to the amendment. Besides all that, this Thesis discusses the banks’ defenses regarding Impostors and Fictitious Payees under § 3-404, Employer’s responsibility for fraudulent indorsement by his employee under …
Creative Works As Negotiable Instruments: A Compromise Between Moral Rights Protection (And) The Need For Transferability In The United States, Julie Levy
Vanderbilt Journal of Entertainment & Technology Law
Using the Holder-in-Due-Course Doctrine, authors may reclaim a work even after it is sold, but only if the holder knew or had reason to know of the alleged moral right at the time he or she purchased the work. This accomplishes the goal of protecting moral rights while preserving the transferability of creative works in the United States. Putting the burden on the author to define and pronounce moral rights interests early on, so as to give notice to subsequent buyers, allows subsequent purchasers to make more informed business decisions. As a result, subsequent purchasers and the entertainment industry as …
Teaching Wesley Hohfeld's Theory Of Legal Relations, Curtis Nyquist
Teaching Wesley Hohfeld's Theory Of Legal Relations, Curtis Nyquist
Journal of Legal Education
No abstract provided.
Accommodating Spouses: Regulation B And Revised Article 3-The Suretyship Law Complication, Sarah Howard Jenkins
Accommodating Spouses: Regulation B And Revised Article 3-The Suretyship Law Complication, Sarah Howard Jenkins
Law Faculty Scholarship
No abstract provided.
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Much Ado About Nothing: Achieving "Essential" Negotiability In An Electronic Environment, David Frisch
Law Faculty Publications
The approach adopted here is both historical and analytical. Part II of this Article describes the historical development of assignment law, and demonstrates that it parallels a more general shift of the law away from physical conceptions of property. It concludes that although a paper-based document may still be a practical requirement, there is no longer a valid theoretical justification for not making the law of negotiable instruments media neutral. In Part III we survey the features of negotiable instrument law and compare it generally with the law of assignments. This comparison suggests that the most striking substantive difference between …
A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis
A North Carolina Preview Of The Revised (1990) Article 3 Of The Uniform Commercial Code, Charles C. Lewis
Campbell Law Review
As its title suggests, this article is intended merely as a preview of revised Article 3. It will begin with some overall comments about revised Article 3, specifically about the extent and significance of the revision. It then will discuss specific examples from revised Article 3 to illustrate how the revision affects present Article 3 and how it furthers the goals of the NCCUSL and the ALI. It will also include references to present North Carolina case law or statutory law that may be affected by the revision. If this preview conveys to the BAR at least a taste of …
The Payor Bank's Right To Recover Mistaken Payments: Survival Of Common Law Restitution Under Proposed Revisions To Uniform Commercial Code Articles 3 And 4, Steven B. Dow, Nan S. Ellis
The Payor Bank's Right To Recover Mistaken Payments: Survival Of Common Law Restitution Under Proposed Revisions To Uniform Commercial Code Articles 3 And 4, Steven B. Dow, Nan S. Ellis
Indiana Law Journal
No abstract provided.
Goldstein's Curse, James J. White
Goldstein's Curse, James J. White
Articles
ON April 16, 1980, a man using the name Marvin Goldstein opened a bank account at a Baltimore branch of Union Trust Company. He deposited $15,000 in cash. He told the branch manager that he planned to establish a Baltimore office of his father's New York business, "Goldstein's Precious Metals and Stones." Goldstein identified himself with a New Jersey driver's license and gave a bank reference from New York. On May 6, Goldstein deposited a check for $880,000 at another Union Trust branch near the branch where he had opened the account. Words on this check indicated that it was …
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg
Law Faculty Scholarly Articles
This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …
Blocking Payment On A Certified, Cashier's, Or Bank Check, Michigan Law Review
Blocking Payment On A Certified, Cashier's, Or Bank Check, Michigan Law Review
Michigan Law Review
When disputes arise between buyers and sellers over completed commercial transactions and payment has been delivered to the seller in the form of a negotiable instrument, a dissatisfied buyer may seek to suspend the instrument's payment obligation. By blocking payment the buyer strengthens his bargaining position and prevents the seller from dissipating the proceeds of the sale before the buyer can establish the merit of his claim. Blocking payment forces the seller to enforce the commercial agreement through court action or satisfy the buyer's grievances.
Optimality And The Cutoff Of Defenses Against Financers Of Consumer Sales, Alan Schwartz
Optimality And The Cutoff Of Defenses Against Financers Of Consumer Sales, Alan Schwartz
Articles by Maurer Faculty
No abstract provided.
Some Suggestions For Nonurgent Reforms In The Ucc's Treatment Of Accommodation Parties, James A. Martin
Some Suggestions For Nonurgent Reforms In The Ucc's Treatment Of Accommodation Parties, James A. Martin
University of Michigan Journal of Law Reform
Anyone who has studied those provisions of the Uniform Commercial Code (UCC or Code) that deal with accommodation parties-chiefly Sections 3-415, 3-416, and 3-606-knows a certain amount of despair at trying to decipher the meaning of these provisions. Fortunately, most of the problems raised are fairly narrow, and few of them have yet posed significant problems for the courts, either because they have not yet arisen or (more often) because the courts have cut through ambiguous language to reach desirable and justifiable results. Thus, most of the problems discussed below do not cry out for immediate legislative attention. The position …
Procedural Sanctions For Non-Registration Of Foreign Corporations: An Analysis Of Their Application To Negotiable Instruments, John P. Mitchell
Procedural Sanctions For Non-Registration Of Foreign Corporations: An Analysis Of Their Application To Negotiable Instruments, John P. Mitchell
Indiana Law Journal
No abstract provided.
Holder In Due Course - The Requirements Of Good Faith And Notice - Financial Credit Corporation V. Williams
Maryland Law Review
No abstract provided.
Some Petty Complaints About Article Three, James J. White
Some Petty Complaints About Article Three, James J. White
Articles
IN many ways Article Three of the Uniform Commercial Code (Code) is like a huge machine assembled by a mad inventor and comprised of assorted sprockets, gears, levers, pulleys, and belts. Few thoroughly understand all of the jobs which this machine is to perform; and a search through the reported cases suggests that the machine is either performing so efficiently that it commits no mistakes worth litigating or it is not performing at all. In their study of the intricacies of Article Three, law students resemble persons climbing about on the machine-pulling its levers, testing its belts and pulleys, and …
The Imputed Negotiability Of Security Interest Under The Code, Antonio R. Bautista, Frank R. Kennedy
The Imputed Negotiability Of Security Interest Under The Code, Antonio R. Bautista, Frank R. Kennedy
Indiana Law Journal
No abstract provided.
Stop Payment Orders Under The Uniform Commercial Code
Stop Payment Orders Under The Uniform Commercial Code
Indiana Law Journal
No abstract provided.
Negotiable Instruments Law Under The Uniform Commercial Code, William O. Morris
Negotiable Instruments Law Under The Uniform Commercial Code, William O. Morris
West Virginia Law Review
The use of commercial instruments in trade and business dates from antiquity. Wigmore has called attention to the use of a note payable to bearer dating approximately from 2100 B. C. It was not until the 15th and 16th centuries that the use of negotiable instruments became widespread and common. While bills and notes in trade were used before this period, their true importance and common use date from the establishment of the great banking institutions of the continent. The laws relating to negotiable instruments arise from three sources, the law merchant, the common law and the Negotiable Instruments Law …
Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr.
Bills And Notes -- 1961 Tennessee Survey, John A. Spanogle Jr.
Vanderbilt Law Review
The Tennessee courts decided three cases involving commercial paper this year. The Tennessee Supreme Court decided one case which, unless it is clarified in the near future, may upset principles which were heretofore well-established. Of the two cases decided by the appellate courts, one adopted a rule well-known in other jurisdictions, and the other adopted a sound minority view on a question not settled by the Uniform Negotiable Instruments Law.
Book Review. Michigan Negotiable Instruments And The Uniform Commercial Code By Roy L. Steinheimer, Douglass Boshkoff
Book Review. Michigan Negotiable Instruments And The Uniform Commercial Code By Roy L. Steinheimer, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Inadvertence As A Basis For Drawee Bank Liability
Inadvertence As A Basis For Drawee Bank Liability
Washington and Lee Law Review
No abstract provided.
The Use Of Set-Off, Counterclaim And Recoupment: Availability Against Commercial Paper, William O. Morris
The Use Of Set-Off, Counterclaim And Recoupment: Availability Against Commercial Paper, William O. Morris
West Virginia Law Review
No abstract provided.
The Uniform Commercial Code -- Sales, Bulk Sales, And Documents Of Title, Paul D. Carrington
The Uniform Commercial Code -- Sales, Bulk Sales, And Documents Of Title, Paul D. Carrington
Articles by Maurer Faculty
No abstract provided.
A Foreword To The Study Of The Uniform Commercial Code, Paul D. Carrington
A Foreword To The Study Of The Uniform Commercial Code, Paul D. Carrington
Articles by Maurer Faculty
No abstract provided.
Banking, Commercial Paper And Investment Securities Under The Uniform Commercial Code, Paul D. Carrington
Banking, Commercial Paper And Investment Securities Under The Uniform Commercial Code, Paul D. Carrington
Articles by Maurer Faculty
No abstract provided.
Book Review. Whitney, F. A., Modern Commercial Law And Practices, Kenneth B. Hughes
Book Review. Whitney, F. A., Modern Commercial Law And Practices, Kenneth B. Hughes
Articles by Maurer Faculty
No abstract provided.
In Good Faith And Without Notice
In Good Faith And Without Notice
Indiana Law Journal
Notes and Comments: Bills and Notes
Payee Of Promissory Note As A Holder In Due Course
Payee Of Promissory Note As A Holder In Due Course
Indiana Law Journal
Notes and Comments: Bills and Notes
Ambiguous Payees Of Negotiable Paper, Charles R. Mcdowell
Ambiguous Payees Of Negotiable Paper, Charles R. Mcdowell
Washington and Lee Law Review
No abstract provided.