Other Law Commons^™

On Parol: The Construction And Interpretation Of Written Agreements And The Role Of Extrinsic Evidence In Contract Litigation, Keith A. Rowley

Scholarly Works

As a general rule, extrinsic evidence, whether written or oral, is not admissible to prove either the intent of the parties to a contract or the meaning of contractual terms when the parties have executed an unambiguous, fully-integrated (i.e., final and all-inclusive) written agreement. The trial court may consider various types of extrinsic evidence, however, in determining whether a particular agreement is fully integrated or ambiguous, and even in choosing among rival interpretations of an agreement where ambiguity is not present. If the trial court determines that an agreement is not fully integrated, then the trier of fact may consider …

Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger

Faculty Scholarship

No abstract provided.

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos

Scholarly Works

This Article discusses Florida’s 1995 Property Rights Act, which grants to private property owners an alternative cause of action, outside of takings law, when they are permanently denied reasonable use of their land by regulatory actions. The Act also grants alternative procedures for property owners, outside of the judicial and administrative process. Thus, the Act does not change Florida takings law nor does it alter the substance of Florida's sometimes controversial growth management laws.

This article reviews the political climate that made passage of the Act possible and places the property rights initiative in the historical context of populist politics. …

The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger

Faculty Scholarship

No abstract provided.

Feminist Lawmaking And Historical Consciousness: Bringing The Past Into The Future, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Prosecuting And Defending Violations Of Genocide And Humanitarian Law: The International Tribunal For The Former Yugoslavia, Christopher L. Blakesley

Scholarly Works

A symposium discussing the international war crimes tribunal for the former Yugoslavia, established by the United Nations Security Council’s . Christopher L. Blakesley discussed the procedural aspects of the War Crimes Tribunal.

Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic

Seattle University Law Review

This Comment argues that, in the wake of the Supreme Court's decision in Society for Krishna Consciousness v. Lee, state and local regulations are more likely to pass federal constitutional muster if they regulate obnoxious fundraising practices defined with sufficient precision. The Riley trilogy and the continued existence of charitable solicitation scams have shown that attempting to prevent the "improper use of contributions intended for charitable purposes" by regulating how much charities pay for fundraising services has been not only unconstitutional but also ineffective. Part II is a brief review of the Riley trilogy, with an emphasis on the …

Drafting Commercial Law For The New Millennium: Will The Current Process Suffice?, Neil B. Cohen, Barry Zaretsky

Faculty Scholarship

No abstract provided.

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Copyrights And State Liability, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley

Scholarly Works

Comparative law is much more than “matching laws.” Professor Grossfield’s short, lively book will certainly awaken its German reader to the value, indeed necessity, of comparative law and comparative insights in his or her own practice or scholarly work. This, he aims at the skeptic who may think of comparative law or foreign legal systems as arcane and useless fluff, too luxurious for the hard working “practical-minded” practitioner. Professor Grossfield throws the cold water of realization into this skeptic’s face. The message being that considering comparative approaches and theory about similar problems may indeed be as practical as one can …

International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.

International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on recent developments in International Criminal Law.

Immunity From Regulatory Price Squeeze Claims: From Keogh, Parker, And Noerr To Town Of Concord And Beyond, Keith A. Rowley

Scholarly Works

On September 21, 1990, the First Circuit handed down its decision in Town of Concord, Massachusetts v. Boston Edison Co. This case, the most recent in a growing line of court of appeals decisions examining the antitrust implications of public utility rate structures, represents the first time a United States court of appeals has unequivocally stated that an antitrust action based upon a “price squeeze” could not be maintained against a utility whose wholesale and retail rates were both fully regulated. Town of Concord notwithstanding, the courts are far from agreeing whether investor-owned electric or natural gas utilities are immune …

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.

The Independent Corporate Board: A Means To What End?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …

Copyright: Factual Compilations And The Second Circuit, Beryl R. Jones-Woodin

Faculty Scholarship

No abstract provided.

A Status Report On The Balanced Budget Constitutional Convention, 20 J. Marshall L. Rev. 29 (1986), William T. Barker

UIC Law Review

No abstract provided.

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

Scholarly Works

The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

The Administration's Legislation: The National Cooperative Research Act Of 1984, The National Productivity And Innovation Act Of 1983, 18 J. Marshall L. Rev. 607 (1985), Kelly L. Morron

UIC Law Review

No abstract provided.

Charting Florida's Course: The State And Regional Planning Act Of 1984, Robert M. Rhodes, Robert C. Apgar

Florida State University Law Review

No abstract provided.

"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen

Faculty Scholarship

No abstract provided.

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

Scholarly Works

In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …

Glass-Steagall: Some Critical Reflections, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Scholarly Works

In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …

Ambivalent Reflections On Regulation, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Securities Commentary, Roberta S. Karmel, John P. Ketels

Faculty Scholarship

No abstract provided.