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LOGIC OR PUBLIC POLICY: SHOULD “CONFIRMATORY STATEMENTS” BE ACTIONABLE UNDER RULE 10b-5?
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Revisiting the Nonprofit Property-Tax Exemption: An Examination of the Need to Clarify Eligibility
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The Interplay Between Incoterms® and the CISG
Get PDFINCOTERMS® do not replace the CISG’s provisions on delivery and the passing of risk in toto, but merely supersede them in so far as they are mutually exclusive. For the rest, they function in tandem. Aspects which are not governed by the INCOTERMS® rules, or inadequately regulated, can be supplemented by the Convention, and vice versa. Collaboration between the two instruments strengthens the unified legal framework for international sales transactions with the view to facilitating international trade.  
A FASHION FLOP: THE INNOVATIVE DESIGN PROTECTION AND PIRACY PREVENTION ACT
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COMMERCIAL SPEECH RESTRICTION AND LEGAL BROTHELS: IS THERE A “VICE” EXCEPTION TO CENTRAL HUDSON’S INTERMEDIATE SCRUTINY?
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Penalty Clauses and the CISG
Get PDFCommercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause should be determined by reference to the general principles of the CISG and that such a clause should generally be enforced. The validity of fixed sums, as penalties, is currently under consideration by the CISG Advisory Council, so further exploration of the issue would seem particularly timely. This article examines the basis for the traditional view, along with two distinct challenges to that view—ultimately concluding that these challenges fail to support their respective solutions to the issue and suggesting the continuing vitality of the traditional view
ROLLING CONTRACT FORMATION AND THE U.C.C.’S APPROACH TO EMERGING COMMERCIAL PRACTICES
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DERIVATIVES TRADERS DO WHAT, AGAIN?
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ARTICLE 39 OF THE CISG AND ITS “NOBLE MONTH” FOR NOTICE-GIVING; A (GRACEFULLY) AGEING DOCTRINE?
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