Commercial Law Commons^™

The United States Draft United Nations Convention On The International Sea-Bed Area And The Accomodation Of Ocean Uses, William Palmer

Syracuse Journal of International Law and Commerce

The United States Draft Sea-Bed Convention is a dynamic application of the principle of true accommodation in the broadest sense. It addresses the need to regulate in a fair and orderly fashion the exploitation of sea-bed resources while meeting the needs of other ocean uses by means of mutual accommodation provisions.

Panel Discussion

Syracuse Journal of International Law and Commerce

The Chairman requested comments from the panel on the current state of discussions on the development of international machinery to regulate the uses of the deep seabed and the ocean floor. Noting that the Soviet Union has shown little interest in international controls, he asked if there was any ground for optimism for a global agreement.

Fuentes V Shevin: The New York Creditor And Replevin, William H. Gardner

Buffalo Law Review

No abstract provided.

Book Review Of Materials On Commercial Transactions: Back To The Curriculum Committee, Samuel J. M. Donnelly

Journal of Legal Education

No abstract provided.

Expanding Clinical Teaching Methods Into The Commercial Law Curriculum, Edward A. Dauer

Journal of Legal Education

No abstract provided.

Fair Trade-Variable Price Contracts And The Non-Signer Clause

Washington and Lee Law Review

No abstract provided.

Recent Trends In Transport Rate Regulation, Leonard S. Goodman

Michigan Law Review

The object of this Article is to describe the trends in the Commission's work during the 1960's in some of the areas of rate regulation that could not be settled by mere reference to costs, and in other areas of changing rate policy. This was a prolific period for the Commission, one that involved many rate innovations and a sense of new direction in certain aspects of rate regulation. The present discussion of the Commission's rate work is in no sense complete; and there is no intention to make it so. By emphasizing the decisions of the recent decade, I …

Notice Of Breach In Sales And Strict Liability Law: Should There Be A Difference?, Jerry J. Phillips

Indiana Law Journal

No abstract provided.

Limiting The Franchisor's Power To Withhold Consent To A Transfer By The Franchisee, F. James Helms

Indiana Law Journal

No abstract provided.

Recent Developments Under Article 9 Of The Uniform Commercial Code, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.

Maryland Blue Sky Reform: One State's Experiment With The Private Offering Exemption

Maryland Law Review

No abstract provided.

Consumer Complaints: A Proposed Federal Trade Regulation Rule, Howard R. Lurie

University of Michigan Journal of Law Reform

It is no secret that most consumers are unable to protect themselves in the marketplace, yet government assistance to the consumer is frequently unavailable. All too often the bureaus of government are interested primarily in controversies of major significance. Minor consumer complaints are viewed as an annoyance that distract and interfere with more important matters. What must be done to protect consumers is to redress the balance of power now heavily weighted in favor of business. To do so requires that government go beyond current concepts of appropriate consumer protection and establish unorthodox remedies. One such remedy is suggested in …

Editor's Foreword, Harold G. Maier

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law includes two presentations to the 1972 Symposium of the Vanderbilt International Law Society and Regional Meeting of the American Society of International Law. First, Henry Harfield of the New York Bar discusses the relevance of international and transnational law to international commercial transactions, with a special emphasis on the usefulness of the Uniform Customs and Practices for Commercial Documentary Credits. Secondly, Sheldon S. Cohen, a member of the District of Columbia Bar and past Commissioner of Internal Revenue, focuses on the United States tax implications of changing currency values. While four …

Enforcement Of The Merger Laws By Private Party Litigation, Earl W. Kintner, Merle F. Wilberding

Indiana Law Journal

No abstract provided.

New Jersey Retail Installment Sales Act, Eric A. Oesterle

University of Michigan Journal of Law Reform

The effect of the enactment of the New Jersey bill is that a "retail buyer" may now assert against an assignee of the installment contract or subsequent "holder" of the negotiable note any defenses he has against the retail installment seller. The new law would appear to be one of the most comprehensive laws of its type to be enacted. However, the draftsmen apparently left a significant loophole, appropriately termed the "specious cash sale,” which, if exploited, could negate the intended effect of the new law. This note will analyze the bill, compare it with the relevant provisions of the …

Contractors' Payment Bonds In Maryland, Charles Cahn Ii

Maryland Law Review

No abstract provided.

The Proper Law Of Business Torts, Georg H. Kutschelis

LLM Theses and Essays

This paper's purpose is to define as clearly as possible the law that best fits business torts which bring into play two or more systems of law. The definition of "tort" being another field in which scholarly activity has not led to a consensus, and the qualification of "business tort" considerably adding to the vagueness of the subject, it is sufficient here to state that the thrust of this analysis is on choice-of-law problems. But in order to test the resulting rule or method cases will be selected both from the frequent tort cases arising out of accidents and from …

The Andean Common Market's Common Regime For Foreign Investments, Dale B. Furnish

Vanderbilt Journal of Transnational Law

The ACM's Common Regime of Treatment of Foreign Capital seems to be a well-balanced set of rules representing an ambitious attempt at reconciling national and regional development interests with the need for foreign capital and technology on terms equitable and remunerative to those who supply them. As in the case of virtually every piece of development legislation based heavily on economic theory and aimed at wholesale change of an existing situation, the Common Regime has plunged into largely uncharted areas in which its ultimate effects are impossible to predict. It is not, however, a "lyrical" piece of drafting. Because it …

The Disc Provisions: Tax Incentive To Increase Exports, William J. Chadwick

Vanderbilt Journal of Transnational Law

The significant tax incentive afforded by the DISC provisions requires all United States companies selling or leasing goods abroad, or rendering services abroad, to reappraise their present corporate and tax structures. Those companies that have not exported in the past or have done so on a limited basis should reconsider their prior positions and calculate the benefits to be derived from export transactions. Notwithstanding inherent complexities and uncertainties in the new law from a tax standpoint, export transactions are now more profitable to a United States company than comparable sales made within the United States. Additionally, the DISC provisions remove …

Report On The Regional Meeting At The Vanderbilt University School Of Law, Harold G. Maier

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law includes two articles that are based on papers presented at the Regional Meeting by Henry Harfield and Sheldon Cohen. Both articles deal with current and timely questions in the international commercial field. As an introduction to those papers it may be useful to comment briefly on several of the more important questions that were raised during the panel discussion of the papers which closed the conference. This may be particularly helpful in view of the fact that Professor Friedmann's untimely death prevented him from completing the revision of his remarks for …

The Common Commercial Policy Of The Eec: Developments In The Final Stage, Joseph J. Norton

Vanderbilt Journal of Transnational Law

The free movement of goods, persons and capital and the freedom of establishment and services throughout the EEC were the four fundamental objectives the Treaty of Rome sought to accomplish in establishing the Community. In addition, the Treaty provided for the implementation of common Community policies toward agriculture, as well as transport and commercial relations with third countries. It also outlined specific rules for competition. Through the attainment of these freedoms and the implementations of these sectoral policies during a twelve year transitional period, the full measure of integration envisioned by the Treaty of Rome was to be achieved.

The …

Enforcing Security Interests In Consumer Goods: Some Notes On The Vicious Cycle, Richard E. Speidel

University of Richmond Law Review

The Uniform Commercial Code (UCC), now effective everywhere except Louisiana, is conspicuously neutral on consumer protection issues, leaving these matters to other laws, if any, in the adopting state. In the past few years, considerable pressure for reform of the consumer credit transaction has been manifested. One example of proposed re- form is the Uniform Consumer Credit Code (UCCC), approved by the National Conference of Commissioners on Uniform State Laws and the American Bar Association, and recommended for adoption by the several states.

The Demise Of Property Law, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Blue Sky Restrictions On New Business Promotions, By James S. Mofsky, Gordon Calvert

Indiana Law Journal

The following portion of the Book Review Section is comprised of three separate reviews of Professor James S. Mofsky's Blue Sky Restrictions on New Business Promotions. The reviews are written by one who represents those regulated, one who regulates and an academician. Professor Mofsky's message is most certainly a controversial one, and to devote but one review to his book would do a disservice not only to the field of securities law but to Indiana Law Journal readers as well. Similarly, as other books become available which, like Professor Mofsky's, contain messages of controversial import, the Board of Editors …

Blue Sky Restrictions On New Business Promotions, By James S. Mofsky, Thomas Nelson

Indiana Law Journal

The following portion of the Book Review Section is comprised of three separate reviews of Professor James S. Mofsky's Blue Sky Restrictions on New Business Promotions. The reviews are written by one who represents those regulated, one who regulates and an academician. Professor Mofsky's message is most certainly a controversial one, and to devote but one review to his book would do a disservice not only to the field of securities law but to Indiana Law Journal readers as well. Similarly, as other books become available which, like Professor Mofsky's, contain messages of controversial import, the Board of Editors …

Blue Sky Restrictions On New Business Promotions, By James S. Mofsky, Hugh L. Sowards

Indiana Law Journal

The following portion of the Book Review Section is comprised of three separate reviews of Professor James S. Mofsky's Blue Sky Restrictions on New Business Promotions. The reviews are written by one who represents those regulated, one who regulates and an academician. Professor Mofsky's message is most certainly a controversial one, and to devote but one review to his book would do a disservice not only to the field of securities law but to Indiana Law Journal readers as well. Similarly, as other books become available which, like Professor Mofsky's, contain messages of controversial import, the Board of Editors …

Section 355'S Active Business Rule--An Outdated Inefficacy, John A. Stemmler

Vanderbilt Law Review

In order to delineate the problems inherent in the active business rule, this Note first will examine the legislative history of tax-free separations, isolating the primary purpose and policy of section 355. Regulatory and judicial interpretations of section 355 will also be analyzed to determine their propriety in light of the statute's purpose and to illustrate the confusion that exists in the area. This, in turn, will lead to a suggested approach for dealing with section 355 transactions in the future.

The Treatment Of Equipment Leases As Security Agreements Under The Uniform Commercial Code, John R. Peden

William & Mary Law Review

No abstract provided.

The Corporate Counsel: A Role Study, By John D. Donnell, Thomas L. Shaffer

Indiana Law Journal

No abstract provided.

Consumer Sensitivity To Interest Rates: An Empirical Study Of New Car Buyers And Auto Loans, James J. White, Frank W. Munger Jr.

Articles

ALTHOUGH it has never been clear whether the consumer needs to be protected from his own folly or from the rapaciousness of those who feed on him, consumer protection is a topic of intense current interest in the courts, in the legislatures, and in the law schools. A number of recent court decisions have attempted to attack problems confronting the consumer; unfortunately, these judicial efforts have succeeded primarily in disclosing the limitations in the courts' ability to deal with such problems. State and federal legislative bodies have pursued more carefully designed remedies. Congress has passed the Truth-in-Lending Act; the National …