UMKC SCHOOL OF LAW FIRST DAY ASSIGNMENTS Summer 2009
as of May 18, 2009
Keep Checking - Assignments will be posted on an on-going basis.
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L8552 |
Required Texts: 1) 2010 West Federal Taxation, Comprehensive Vol (not 2009 or older) 2) Internal Revenue Code & Regs (Used copy is OK) NOTE: With internet access, there's no need to purchase Code & Regs. Go to Prof Hoyt's web page for the statutes needed for this course. www.law.umkc.edu/faculty/hoytlinks.htm 3) Compilation free from Prof. Hoyt's UMKC web page. www.law.umkc.edu/faculty/hoytlinks.htm
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L8638R |
In preparation for class on Wednesday, please register for our TWEN course. The syllabus and first assignments are posted there. | ||||||||||||||||
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L8721 |
Welcome to Commercial Transactions, which probably should be called Payment Systems. This class is mainly focused on specific Articles of the Uniform Commercial Code, accompanying regulations, and a few other related codes. We will be working through code provisions to solve problems, and it will be essential that everyone takes the time to work through the assigned problems before class.
We will be using the 4th edition of Ronald Mann's Payment Systems and Other Financial Transactions from Aspen Publishers along with the associated commercial law statutory supplement (Comprehensive Commercial Law: Statutory Supplement by Mann, Warren, and Westbrook - 2008 edition). Both books should be available at the UMKC Bookstore. I should note that the casebook is broken up into assignments for a 75 class period. As such, we will often cover more than 1 assignment in our classes. Every assignment has a very easy to read "mini-treatise" introduction along with some problems and identified code provisions to solve each problem. I should also note that we will be jumping around a bit in the first couple of weeks, so please read the syllabus carefully when it is distributed on the first class. For the first day, please read the following material and prepare sample answers to the following problems: Introduction and Assignment 1 - pg 3 - 23 and Problems 1.1 - 1.5; Assignment 2 - pg. 26-43 and Problem 2.1. If you are interested in using a different statutory supplement for the course, I strongly recommend making sure that you have most of the appropriate codes in your book. You will need a supplement that has Articles 3, 4, 4A, and 5 and the accompanying Regulations (J, CC, Z, and E) as well as the Expedited Funds Availability Act (EFAA). We will also touch on the EFTA and TILA, but I can provide the relevant provisions for that material if you need it. If you have any questions on this or any other matter, please feel free to contact me at any time. Welcome and see you on Monday, May 18. |
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L8788A |
For first session read the following:
(1) Stephen J. Ware, Principles of Dispute Resolution, 2nd edition, pp. 19-28. (2) Cable Connection, Inc. v. DIRECTV, Inc., 44 Cal. 4th 1334 (2008) (3) Hall Street Associates, LLC v. Mattel, Inc. (2008) __U.S.__, 128 S.Ct. 1396. (4) The following passage: That efficiency and finality are necessary features of arbitration is not a new argument, and it has been made elsewhere than in the courts. Stephen Ware, the most insightful intellect in the field of Arbitration today, brilliantly decries the habit of many fellow ADR academicians to reify arbitration into an institution having necessary features apart from the contracts that create it. Responding to ADR guru Edward Brunet’s attempt to inventory the “core values of arbitration,” Ware says: I do have one quibble with [that approach]. Unlike Professor Brunet, I do not see secrecy, arbitrator expertise, adjudication efficiency or finality as necessary values of arbitration. I see autonomy as the value that transcends those other values. Because arbitration law gives the parties autonomy, they can choose to have their arbitration be secret or not. Because arbitration law gives the parties autonomy, they can choose to have their arbitration use quick and efficient procedures or not. Because arbitration law gives the parties autonomy, they can chose to make their arbitration final or – by having an appellate arbitration panel or expanding the grounds for vacatur – not. It is certainly true that most parties to arbitration agreements choose to use their autonomy to advance the values of secrecy, arbitrator expertise, adjudicatory efficiency and finality. But, in my view, that does not show that these are core values of arbitration; it shows that these are core values of most of the parties who agree to arbitrate. Brunet, Speidel, Sternlight and Ware, Arbitration Law in America, a Critical Assessment, Cambridge University Press, 2006, p. 339 Stepehen Ware http://works.bepress.com/stephen_ware/ Edward Brunet http://www.lclark.edu/dept/lawadmss/brunet.html Arbitration Law in America, a Critical Assessment http://www.target.com/gp/detail.html/601-0808390-0340139?asin=0521839823&afid=yahoosspplp_bmvd&lnm=0521839823%7CArbitration_Law_in_America:_A_Critical_Assessment_:_Books&ref=tgt_adv_XSNG1060 |
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