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Articles 91 - 120 of 180
Full-Text Articles in Commercial Law
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Northwestern Journal of International Law & Business
I focus today on the influence of the Uniform Customs and Practice1 (UCP) on the revision of Article 5 of the Uniform Commercial Code (UCC).
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.
Rights Of Subrogation In Letters Of Credit Transactions, James J. White
Rights Of Subrogation In Letters Of Credit Transactions, James J. White
Articles
The past twenty years have seen more than a dozen cases, in which parties to letter of credit transactions have sought subrogation to the rights of the person they have paid or to the rights of the persons on behalf of whom, they have acted.' The most obvious case arises when the issuer of a standby letter of credit pays a beneficiary on a debt that is owed to the beneficiary by a bankrupt applicant. Having failed to take 'collateral from the applicant, the issuer seeks to be subrogated to the security interest of the beneficiary. Failing subrogation, the issuer …
The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White
The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White
Other Publications
I. Standard Form Contracts II. Buyer in Ordinary Course; Prepaying Buyer III. Consignments IV. Seller's Right to Reclaim Delivered Goods
Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White
Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White
Other Publications
1. Under what circumstances is it bad faith for an issuer to honor a letter of credit in the face of an applicant's offer of proof of fraud by the beneficiary? 2. What is the issuer's obligation where there is a waiver by the applicant that the issue chooses not to honor? 3. What are the rights of transferees of transferable letters of credit and assigness of proceeds?
The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton
The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton
Indiana Law Journal
No abstract provided.
Books Received
Northwestern Journal of International Law & Business
No abstract provided.
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
Law Faculty Scholarly Articles
"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …
Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White
Articles
The other papers in this Symposium demonstrate that we have the technical capacity to build a filing system that will exceed the expectations of Grant Gilmore in every dimension.1 With more thought about what is put into the system and more clever software to get it out, the most sophisticated system possible under current technology will store and produce enough information about a debtor to give the ACLU a fright. All of the issues on improving the filing system are important, but I do not concern myself with any of them directly. I am here discuss a different question. In …
The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White
The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White
Other Publications
Both Article 2, Sales and Article 9, Secured Transactions are under revision. The process of coordination is underway, but there is still much work to do. The following materials identify the major issues at the intersections and some tentative solutions. All references are to the 1990 Official Text of the Uniform Commercial Code unless otherwise stated. When stated, references are to the October, 1995 Draft of Article 2 and the July, 1995 Draft of Article 9.
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Warranties And Remedies On Breach: Proposed Revision Of Article 2 And Related Proposals Concerning Products Liability Law, Richard E. Speidel, James J. White
Other Publications
The following materials contain (1) the warranty provisions, §§2-313 through 2-318, from the October, 1995 Draft of Revised Article 2, Sales, with selected Reporter's Notes; (2) Discussion questions on warranties; and (3) A comparison of Revised Article 2 and the ALl's Products Liability Restatement (Tent. Draft #2, March 13, 1995), with discussion problems.
Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins
Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins
Law Faculty Scholarship
No abstract provided.
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
Kentucky Law Journal
No abstract provided.
Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White
Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White
Articles
For Professors Harris and Mooney the time has come to distinguish between work and play. Debating whether security is efficient is play. Revising Article 9 is work. Even Professor Schwartz does not argue for the abolition of Article 9; he merely reiterates the "puzzle" of secured credit and argues in his playful fashion that security might not be efficient.' Were it not for the fact that this debate might give us some insights about certain priority rules (such as those having to do with purchase money), it would be pure intellectual masturbation, a game with no purpose other than to …
Article 5: Highlights Of The Proposed Revision, James J. White
Article 5: Highlights Of The Proposed Revision, James J. White
Other Publications
I. The Current Status of Article 5: Drafting, Approval and Promulgation--The Most Significant Changes or Clarifications -- II. The Most Contentious Issues in the Revision of Article 5 -- III. More Subtle Questions About Revised Article 5
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Revising Article 9 To Reduce Wasteful Litigation, James J. White
Articles
For reasons that are unclear to me, the committees reviewing the articles of the Uniform Commercial Code and drafting revisions are congenitally conservative. Perhaps these committees take their charge too seriously, namely, to revise, not to revolutionize. Perhaps their intimate knowledge of the subject matter exaggerates the importance of each section and consequently magnifies the apparent size of every change. In any case, my own experience with two such committees tells me that the members quickly become focused on revisions and amendments that any outsider would describe as modest. To the extent that the revision of any of the articles …
On Ending The Battle Of The Forms: Problems With Solutions, Corneill A. Stephens
On Ending The Battle Of The Forms: Problems With Solutions, Corneill A. Stephens
Kentucky Law Journal
No abstract provided.
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William L. Tabac
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William L. Tabac
Maryland Law Review
No abstract provided.
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
This survey of commercial law in Virginia discusses significant Uniform Commercial Code ("Code") cases decided by the Virginia Supreme Court during the past year, as well as all significant statutory changes made to the Code during the 1991 session of the General Assembly. It also reviews selected Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia.
Abrogation Of Surety's Right Of Discharge On Release Of The Principal Obligor Under Revised Article 3: A Creditor's Tool For Maximizing Self-Interest, Sarah Howard Jenkins
Abrogation Of Surety's Right Of Discharge On Release Of The Principal Obligor Under Revised Article 3: A Creditor's Tool For Maximizing Self-Interest, Sarah Howard Jenkins
Law Faculty Scholarship
No abstract provided.
Contemporary Issues In Purchase Money Security Interests - Applications To Israeli Law?, Eyal S. Price
Contemporary Issues In Purchase Money Security Interests - Applications To Israeli Law?, Eyal S. Price
LLM Theses and Essays
This LL.M. thesis provides a comparative analysis of purchase money security interests under United States and Israeli law, tracing the doctrine's development in both America (from nineteenth-century American case law through its codification in Article 9 of the Uniform Commercial Code) and Israel (from its first recognition in Bank Leumi Ltd. v. Anglo-Palestine Bank through its adoption into section 169(d) of the Israeli Companies Ordinance in 1989). The work examines the historical emergence of purchase money priority, analyzes the economic rationales underlying the doctrine, and addresses key legal requirements including the "enabling" and "use in fact" requirements along with the …
Thoroughbred Certificate Law: A Proposal, Cary Robertson
Thoroughbred Certificate Law: A Proposal, Cary Robertson
Kentucky Law Journal
No abstract provided.
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
This survey of commercial law discusses all Supreme Court of Virginia cases interpreting Virginia's version of the Uniform Commercial Code (the "Code" or the "U.C.C.") during the previous year, as well as statutory changes made to the Code in the most recent session of the General Assembly. It also reviews significant Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia. It is current as of about May 1, 1990.
A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins
A Payee Who Is A Holder In Due Course May Be Subject To Personal Defenses Arising From Unauthorized Acts Or Promises By An Agent, Sarah Howard Jenkins
Law Faculty Scholarship
No abstract provided.
Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.
Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.
Law Faculty Scholarly Articles
Uncertainty and confusion probably always have existed bout the employment of intellectual property as collateral for a loan. Since the drafting of Article 9 of the Uniform Commercial Code, an uneasy coexistence of state and federal law has developed. Both state and federal law now arguably apply when a debtor attempts to use a patent or trademark to secure a loan. The extent to which each body of law is applicable and the interaction between the two systems was left unclear by the drafters of Article 9 and has not been clarified by Congress. The radical differences between the state …
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 …
The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg
The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg
Law Faculty Scholarly Articles
The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
This survey of commercial law reviews all Virginia Supreme Court cases interpreting the Virginia Uniform Commercial Code (the "Code") and all statutory changes made to the Code in the 1988 session of the General Assembly. It also reviews significant Code cases decided in the various federal courts located in Virginia and in the Virginia circuit courts. It is current as of approximately May 1, 1988.
The Decline Of The Contract Market Damage Model, James J. White
The Decline Of The Contract Market Damage Model, James J. White
Articles
In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
It has been a fairly busy year for Commercial Law in Virginia courts, but not in the legislature. This may not last; there are already legislative efforts underway to extend the coverage of Virginia's Uniform Commercial Code (the "Code") to electronic fund transfers and personal property leasing. If those efforts are successful, the General Assembly will soon have on its hands the considerable task of evaluating the first major overhaul of the Code in a decade.