Commercial Law Commons^™

The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority?

Washington and Lee Law Review

No abstract provided.

Constitutional Law - State Action - State's Statutory Delegation Of Governmental Power To Creditor And Expansion Of His Common Law Remedies Held Sufficient State Action To Subject Creditor's Action To Fourteenth Amendment, Peter John Michael Rohall

Villanova Law Review (1956 - )

No abstract provided.

Sovereign Immunity, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

State Anti-Boycott Legislation, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Prospects For Investment In The Soviet Union: A Survey Of Political And Economic Factors, Gail L. Eggleston

North Carolina Journal of International Law

No abstract provided.

An Appreciation, Robert L. Fuerst

North Carolina Journal of International Law

No abstract provided.

East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski

North Carolina Journal of International Law

No abstract provided.

Multinational Corporation And National Interests In The Commonwealth Carribean, Stephen J. Leacock, Errol L. Thomas

North Carolina Journal of International Law

No abstract provided.

Optional Arbitration Clause For Use In Us-Uss Trade: 16 Int'l Legal Materials 444 (1977), North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

The China Trade: Legal And Economic Considerations For American Lawyers And Businessmen, Dennis W. Bryan

North Carolina Journal of International Law

No abstract provided.

After Two Years: Canada's Foreign Investment Review Act, Robert A. Jaffe

North Carolina Journal of International Law

No abstract provided.

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

COMMERCIAL OPERATIONS IN EUROPE

Edited by R. M. Goode and K. R. Simmons Published for the Faculty of Laws; Queen Mary College, University of London Boston: A. W. Sijthoff, 1978. Pp. 448.

COMPARATIVE CONSTITUTIONAL LAW

By Mauro Cappelletti and William Cohen Indianapolis, Indiana: Bobbs -Merrill, 1979. Pp. 628.

COMPARATIVE LAW: WESTERN EUROPEAN AND LATIN AMERICAN LEGAL SYSTEMS

By John H. Merryman and David S. Clark Indianapolis, Indiana: Bobbs -Merrill, 1978. Pp. 1278.

THE DISCIPLINE OF LAW

By Lord Denning London: Butterworths,1979. Pp. 330.

INTERNATIONAL LAW AND THE MOVEMENT OF PERSONS BETWEEN STATES

By Guy S. Goodwin -Gill Oxford: Clarendon Press, …

Table Of Contents - Issue 1, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Remedies Under The Tennessee Commercial Code, John A. Walker, Jr.

Vanderbilt Law Review

The scope of this Article is limited to a discussion of the enforcement of consensual' liens under the Uniform Commercial Code as enacted in title 47 of the Tennessee Code. It does not include the panoply of other, nonconsensual remedies such as prejudgment attachment and postjudgment levy. In particular, this Article examines the applicability of the doctrine of election of remedies, the mechanics of repossession, and the rules applicable to the disposition of collateral, primarily as these concepts have been interpreted and applied by the courts of Tennessee.

An Annotated Bibliography Of Ocs Documents In Maine, Maine State Planning Office

Maine Collection

An Annotated Bibliography of OCS Documents in Maine

Outer Continental Shelf Memorandum 1

Compiled by Edward H. Shenton & Charles S. Colgan

Maine Coastal Program, Maine State Planning Office, Augusta, Maine, 1977.

Contents: 1. Introduction / 2. OCS - General / 3. OCS - Federal Regulations / 4. Economic Aspects / 5. Environmental Studies / 6. Oil Spills - Effects and Studies / 7. Onshore Effects / 8. The North Sea Experience / 9. Legal Aspects / 10. Petroleum Drilling Technology

Acceleration Clause Disclosure: A Truth In Lending Policy Analysis, Patrick E. Hoog

Indiana Law Journal

No abstract provided.

Comment On Ontario's Bill 110 "An Act To Provide For Warranties In The Sale Of Consumer Products, Nadine Cooper Mont

Dalhousie Law Journal

The government of Nova Scotia has recently made some limited improvements to the law of products liability1 . Merchant sellers are no longer permitted to contract out of the three basic obligations or "implied warranties" contained in the old Sale of Goods Act: to deliver a merchantable article, 2 fit for the buyer's purpose 3 which corresponds to the description under which it was sold. 4 The reformulation of these old common law obligations which first received statutory recognition in 18935, was done in a somewhat ambiguous and unsatisfactory manner. 6 Of far greater consequence to consumers however, is the …

Contracts--Developing Concepts Of Unconscionability, Kevin D. Dolan

West Virginia Law Review

Section 2-302 of the Uniform Commercial Code is a widely discussed and controversial statement of the law of unconscionability. It was a part of the original UCC as adopted by Pennsylvania in 1953, but some states elected to omit that section when they accepted the UCC. There are three fundamental reasons for their not adopting the section. The first objection is that the section goes against the security of the transaction by allowing the courts to remake parts of the contract. The second stems from the fact that the section limits the parties' freedom to contract because it is often …

Congressional Treatment Of Confidential Business Information: Proposals To Avert Unwarranted Disclosure, Barbara J. Smith

Indiana Law Journal

No abstract provided.

Financial Corporations And Subchapter S: An Interesting Problem, Jeffrey K. Riffer

Indiana Law Journal

No abstract provided.

Real Property Attachment—Property Or Economic Interest?—Hansen V. Weyerhaeuser Co. (In Re Northwest Homes, Inc.), 526 F.2d 505 (9th Cir. 1975), Cert. Denied, 425 U.S. 907 (1976), Deborah Elvins

Washington Law Review

In late 1971 the Weyerhaeuser Company initiated a lawsuit against Northwest Homes of Chehalis, Inc., for goods sold and delivered. To ensure satisfaction of any subsequent judgment, Weyerhaeuser obtained liens against the defendant's real property pursuant to the Washington attachment statute. Northwest Homes received neither notice nor an opportunity to be heard prior to the attachment. Hansen, appointed receiver in Northwest's subsequent bankruptcy, applied for an order invalidating the attachment. In December 1972 the referee declared the Washington attachment statute unconstitutional under the due process clause of the fourteenth amendment to the United States Constitution and under article I, section …

Taxes And Bounties Burdening Interstate Commerce: Distinguishing Boston Stock Exchange From Alexandria Scrap

Washington and Lee Law Review

No abstract provided.

The Priority Rules Of Article Nine, Dan T. Coenen, Albert J. Givray, Deborah Mclean Quinn, Paul Hilton

Scholarly Works

Priorities. The very word sends chills down the sane lawyer's spine. But if fear and loathing of Article Nine's priority scheme served as a deterrent to undertaking this enterprise, they served as an incentive as well. The complexity of the priority rules is matched only by their importance, for as long as secured financing flourishes, priority disputes over personal property are inevitable. It is the purpose of this project to set forth and explore the body of law that resolves those disputes: the priority rules of Article Nine.

Lease Or Security Interest: A Classic Problem Of Commercial Law, Joseph Epps Claxton

Mercer Law Review

Article 9 of the Uniform Commercial Code was drafted in such a manner as to cover almost all consensual security interests in personal property. With relatively few exceptions, the Article expressly applies "to any transaction (regardless of its form) which is intended to create a security interest in personal property." Therefore, in any consideration of the possible application of Article 9 to a particular set of facts, the first and most basic question to be resolved is whether a security interest exists. Ordinarily, the result of such an inquiry is not particularly elusive, but this fact should not obscure the …

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

Articles

A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …

Import Competition And The Trade Act Of 1974: A Case Study Of Section 201 And Its Interpretation By The International Trade Commission, Walter Adams, Joel B. Dirlam

Indiana Law Journal

No abstract provided.

Warranties—Uniform Commercial Code—Effects Of Federal Warranty Law On Washington U.C.C. Provisions—Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (Supp. V. 1975), Guy Towle

Washington Law Review

Consumer product warranties—their creation, breach, and remedies upon breach—have generally been controlled by the common law and Uniform Commercial Code (U.C.C.) provisions in each state. Washington is no exception, and the Magnuson-Moss Warranty Act should have a significant impact upon the traditional warranty law of this jurisdiction. This note will briefly discuss the Act's basic requirements and then consider the impact of several of the Act's major provisions upon similar or conflicting provisions of the Washington Uniform Commercial Code. Primary emphasis will be placed upon the Act's effects regarding the doctrine of privity, disclaimer of implied warranties, limitation on remedies …

Efts: Consumer Protection Under The Ucc, Susan E. Jinnett

University of Michigan Journal of Law Reform

In view of the economic significance of the payments system, the laws governing it must be equitable and comprehensive. The development of the commercial law applicable to EFTS's, however, currently lags behind the growth of these systems. Threats to the integrity of EFTS's stem from lost, stolen, or forged access cards, illegal taps into communication lines, physical impairment of the equipment, or improper programming. The legal rights and liabilities of consumers where the integrity of an EFTS has been breached remains unclear, in part because the status of EFTS's under current law is uncertain. The rights of the parties involved …

Construction Of The Uniform Commercial Code: Ucc Section 1-103 And "Code" Methodology, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Preamble, Herbert Wechsler

Vanderbilt Law Review

As readers of the Review are undoubtedly aware, the American Law Institute was organized in 1923 as a permanent organization of lawyers, judges, and law teachers "to promote," as its charter recites, "the clarification and simplification of the law and its better adaptation to social needs." ...

Work on the Code began' in 1969 with Professor Loss as the Reporter, aided by consultants and advisers whose experience and expertise is equaled only by their high distinction in this field. Five tentative drafts have been printed in the years from 1972 to 1976 and a sixth, which now is off the …