This Article observes that there is not a clear consensus among courts in how to describe the scope and nature of a breach of the peace when a lender elects self-help repossession and things go awry. That does not mean that courts have not deduced some guideposts that parties can use in deciding...

This article argues that punitive, nominal, contemptuous, vindicatory, and disgorgement damages (commonly referred to as non-compensatory damages) can be collectively analysed as public interest damages because all these awards are justified by violations of public interests in addition to...

The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...

On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...

The recent focus on the Slave Trade Abolition Bill as a key step towards the eventual total abolition of slavery can obscure the extent to which slavery was not brought about by international law alone. Although the Bill had a significant impact, it was decades before its domestic practice was...

This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European...

Janet Halley proves that third-wave feminism is wrong - wrongly described, that is. Young feminists in the United States tout a quot;third wavequot; of feminism that is hip, ironic and playful - the supposed opposite of the dour and strident quot;second wavequot; of 1970's feminism. Goodbye...

Many-minds arguments claim that in some way or another, groups of decision-makers tend to make better decisions than individuals. This essay identifies five general and recurring problems with such arguments, as follows:(1) Whose minds? The group or population whose minds are at issue is often...

This Article is a survey of the highlights of noteworthy sales cases from 2014 decided under Article 2 of the Uniform Commercial Code. Particular Article 2 highlights include the cases of Grandoe Corp. v. Gander Mountain Co. (formation under 2-204), Nebraska Machinery Co v. Cargotec Solutions,...