Volume 2 / Number 2 / Winter 1998
This page contains the abstracts, as well as links to the complete document on Westlaw.com, for the Articles and Comments of the Winter 1998 Issue.
Notice and Notification Under the Revised Uniform Partnership Act: Some Suggested Changes
J. Dennis Hynes
This Article addresses the decision by the drafters of the Revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. On a separate but related matter, the Article suggests several technical amendments to the sections of RUPA dealing with constructive notice.
The Remedial Provisions of the Vienna Convention on the International Sale of Goods 1980: A Small Business Perspective
David G. Fagan
The CISG is a valuable body of law that can adapt well to the problems involved in international trade. All too often, however, lawyers reach for the comfort of their own domestic laws without considering the advantages of a uniform sales convention. This Article applies the CISG to several trade scenarios to examine the benefits the CISG may offer to a small business.
The Elusive Meaning of “Small Business”
Joshua E. Husbands
Though U.S. law provides numerous types of aid to a small business, the myriad differing requirements under the various definitions make it a difficult task to determine whether a particular business is “small.” This Comment analyzes the different definitions of small business and discusses the possible rationale for the disparities among them.
An Invisible Mark: A Meta-Tag Controversy
Barbara Anna McCoy
The Internet has awesome potential to aid small businesses in their constant struggle to market themselves effectively by granting them access to a large audience. Some small businesses resort to the practice of using a better known company’s trademark in their meta-tags in an effort to increase their sites’ effectiveness. This Comment discusses the trademark owner’s possible causes of action against the infringing company, as well as some alternative methods available to small business attempting to create a presence on the Internet.
Advising the Small Business Owner About Monetary Recovery in Criminal Cases
Jeanne von Ofenheim
A small business may seek an order for criminal restitution rather than enduring the expensive and time-consuming process of pursuing a civil judgement for restitution when it has been the victim of a crime. This Comment outlines the procedure for seeking criminal restitution and discusses the advantages of such an order.