Commercial Law Commons^™

Regulation Of Commercial Speech: Commercial Access To The Newspapers

Maryland Law Review

No abstract provided.

Practical Pitfalls In Handling Scientific Evidence, John W. Reed

Book Chapters

In this article we are concerned with the techniques of what is more often an art than a science. Before going into the specifics, it is useful to take a look at scientific evidence in general-where it stands in relationship to other kinds of evidence, on what theory or theories it is admitted, and how to maximize its effect when it is admitted.

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of commercial law. The focus of this survey is whether a creditor’s statutory prejudgment remedies, which involve an application of state authority, are constitutional under the due process clause of the fourteenth amendment.

Two Decades Of 2-207: Review, Reflection And Revision, Paul Barron, Thomas W. Dunfee

Cleveland State Law Review

This article is divided into six parts: (1) a description of the modern commercial context within which UCC section 2-207 was created and is now applied; (2) a summary of the pre-Code rule; (3) an overview of the rule engendered by section 2-207; (4) an analysis of the interpretative history of section 2-207; (5) a proposed decision model for the application of section 2-207; and (6) the suggested statutory revision.

A Balancing Approach: State Franchise Law And Federal Trademark Law, Jane F. Clemens

Buffalo Law Review

No abstract provided.

The Canada Business Corporations Act: Some Aspects Of Transnational Interest, Robert W.V. Dickerson, David L. Vaughan

Vanderbilt Journal of Transnational Law

With passage into law on March 24, 1975, of the Canada Business Corporations Act (CBCA) it is probably safe to say by way of provocative introduction that Canada has enacted the most modern corporation law in the English-speaking world. The Act is to be proclaimed in force at the end of December, 1975. Although the predecessor statute, the Canada Corporations Act, will remain in force, no new corporations may be incorporated under it.

The New York Truth In Travel Act, Lisa Kennedy

University of Michigan Journal of Law Reform

A New York couple arrange a vacation abroad through their travel agent. They expect a direct flight, deluxe, centrally located accommodations, and guided tours of local attractions. Once they have set out, they discover to their dismay that their flight makes several lengthy stops, their reservations are at a drab and uncomfortable hotel in an inconvenient location, and there are no reservations for the tours. This hypothetical situation is representative of instances of travel fraud, a frequent consumer grievance in what is acknowledged as the considerable volume of travel business being conducted in the United States. New York has attempted …

Black Lawyers And Corporate And Commercial Practice: Some Unfinished Business Of The Civil Rights Movement, John T. Baker

Articles by Maurer Faculty

No abstract provided.

The Role Of The Corn Products Doctrine In Foreign Exchange Transactions, Charles H. Manning

Vanderbilt Journal of Transnational Law

Exchange rate gain or loss may result from fluctuations of exchange rates or from formal governmental action such as revaluation and devaluation. In evaluating the significance of foreign exchange transactions and their tax consequences, the types of transactions that produce exchange rate gain or loss must be distinguished. The first type of transaction is currency speculation in which exchange rate gain or loss is the only profit or loss realized. The second type of transaction involves the purchase and sale of inventory in which the exchange rate gain or loss is ancillary to the monetary gain or loss realized on …

Recapitalizations Under Section 3 (A) (9) Of The Securities Act Of 1933, J. William Hicks

Articles by Maurer Faculty

No abstract provided.

Cure And Revocation For Quality Defects: The Utility Of Bargains, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

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.

The Original Issue Discount Deduction In Bonds-For-Noncash Property Exchanges, Charles L. Almond

Vanderbilt Law Review

The first codification of the United States Internal Revenue laws gave a corporation a deduction from income of "[a]ll interest paid or accrued within the taxable year on its indebtedness. ...This same language is presently in force in the Internal Revenue Code of 1954. The statutory language authorizing the interest deduction has never dealt explicitly with the deductibility of discount arising upon a corporation's original issuance of bonds. Treasury Regulations promulgated pursuant to the interest deduction sections, however, have recognized continually that the statutory language embodies a deduction for original issue discount. 'The latest pre-1969 regulation, which limits itself to …

Doran V. Salem Inn, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Depositary Bank Liability Under § 3-419(3) Of The Uniform Commercial Code

Washington and Lee Law Review

No abstract provided.

The Deceptive And Unfair Trade Practices Act: A New Approach To Trade Regulation In Floridaa, Rod Tennyson

Florida State University Law Review

No abstract provided.

An Empirical Survey Of Price Fixing Conspiracies, George A. Hay, Daniel Kelley

Cornell Law Faculty Publications

This paper reports on a study of recent Antitrust Division horizontal price fixing cases. The objective of the study was to determine if there has been a specific set of characteristics associated with the product or product markets that have been the subjects of price fixing. If such a pattern exists, it might provide empirical insight into some aspects of oligopoly behavior. From a policy point of view, any pattern that is found could be used in a positive enforcement program designed to investigate the "most likely" areas of price fixing. Section I reviews the academic literature which has dealt …

Seller Unequal Bargaining Power And The Judicial Process, Alan Schwartz

Indiana Law Journal

No abstract provided.

Recent Developments, Author Unidentified

Vanderbilt Law Review

The frequent criticism of the strict locality test as the sole determinant of admiralty jurisdiction resulted in the Supreme Court's requirement of a significant relationship with traditional maritime activity in Executive Jet. The Court's failure to give lucid guidance to later courts in applying the new requirement in non-aviation cases was partially remedied by the Fifth Circuit's implementation of the maritime-nexus test utilizing a factor analysis in Kelly. For those courts that follow Kelly, this new interpretation of the test will provide needed guidelines for determining when admiralty should properly exercise jurisdiction. The courts should not limit themselves, however, to …

Recent Cases, Author Unidentified

Vanderbilt Law Review

Civil Procedure--Service of Process--California Long-Arm Statutes Abrogate State's Immunity Doctrine

Seeking recovery of money owed him by defendant European corporations;' plaintiff brought suit in a California state court.While attending federal district court in Florida for the sole purpose of giving a deposition in a trademark infringement suit instituted by one of the corporations, defendants' representative was personally served with process in the California action on behalf of himself and the defendant corporations. Defendants moved to quash service of process on the ground that the immunity rule prohibited service of civil process upon a witness in attendance in a court outside …

Expropriation, Threats Of Expropriation And Developmental Policy, Michael W. Gordon

Syracuse Journal of International Law and Commerce

The transference of ownership to host nation control has been, nearly without exception, politically, rather than economically motivated. While there are often viable economic justifications for domestic ownership of the means of production, economic issues are often poorly expressed or arise not in the context of the prior justification for property transference, but rather as a later impediment, due to the inability of a developing nation's current economic resources to meet the demanded payment for the property takeovers.

The Politicization And Death Of Rebus Sic Stantibus, William L. Scheffler

Syracuse Journal of International Law and Commerce

Rebus sic stantibus is a doctrine which, in simple terms, holds that an agreement may, when certain conditions are met, be partially or wholly abrogated. OPEC nations threaten to use this doctrine to change aggreements with oil consuming trading partners.

Legal Approaches To The Trade In Stolen Antiquities, John B. Seabrook

Syracuse Journal of International Law and Commerce

The international trade in stolen antiques and artifacts is examined with a focus on restricting such transactions.

Panel Discussion: American Tax Credits And Foreign Taxes And Royalties, Jon E. Bischel, Stanford G. Ross, Leslie Cookenboo, Pierre F. De Ravel D'Esclapon

Syracuse Journal of International Law and Commerce

This panel discussion primarily focuses on U.S. tax policy with regards to international oil companies.

The Changing Environment Of International Commerce: The Shortage Factor, Robert B. Huguet

Syracuse Journal of International Law and Commerce

An overview of transnational trade in the early 1970s is presented. The author examines oil, food and commodities shortages, international monetary policy, and the regulation of gold reserves.

Some Dilemmas Of An Internationalist In A World Of State Egoism, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

The validity of any statement about international law turns on the meaning one is prepared to give the term. To say that the obligation to pay prompt, adequate and effective compensation for the expropriation of alien property derives from the body of traditional customary international law pertaining to the responsibility of states, or that the obligation derives from domestic (constitutional), and not international law at all, is to speak without clear referent. Clarity of both intent and ideology are absolute necessities.

Panel Discussion: Expropriation, Threats Of Expropriation And Developmental Policy, L.F.E. Goldie, Michael W. Gordon, Fred B. Smith, John G. Laylin, G. W. Haight, Richard Young, Omar Ghobashy

Syracuse Journal of International Law and Commerce

This panel discussion is a conversation about the place of expropriation in international law.

The Ftc's Newly Recognized Power To Issue Substantive Intra-Agency Rules - Or - Why The Sleeping Beauty Of Section 6(G) Was Awakened By Court Order, David Saul Guttman

Loyola University Chicago Law Journal

No abstract provided.

Federal Income Tax Treatment Of United States Oil Corporations, Stanford G. Ross

Syracuse Journal of International Law and Commerce

Oil and gas operations are the single most important activity carried on by American multinational corporations. While there is a vast general literature on the tax laws applicable to foreign income, the particular application of this law to the oil industry is so sparse that one can count on the fingers of one hand the number of significant articles that have dealt specifically with this subject.