The Battle of the Forms—There Is a Purpose

This article provides an alternative approach to the daunting task of teaching business undergraduates a fundamental appreciation of the flexibility of the Uniform Commercial Code (UCC) and the ability of the UCC to adapt to the needs of commerce by facilitating fair, efficient transactions. Paradoxically, we suggest using one of the most difficult sections of the UCC, Section 2-207, the often discussed "Battle of the Forms," to make UCC concepts and the relationships of those concepts to modern business transactions easier to understand. This alternative approach is also designed to help students appreciate the challenges of establishing rules to assure fair and efficient transactions and how changes in the way transactions occur impact the laws and how the laws impact the changes. This article also presents exercises, questions, and illustrative flowcharts used successfully over several years in undergraduate business law classes. These tools produce an integrated method for presenting UCC Section 2-207. While no sane individual has ever professed a love for UCC study, students and faculty have expressed tolerance and a palpable appreciation for these methods.     

The Judicial Transformation of the State: The Case of U.S. Trade Policy, 1974–2004

The recent shift in state policies from Keynesianism to neoliberalism was accompanied by a transformation in state structures. The case of trade liberalization in the United States reveals that this structural transformation is of a judicial nature. In 1974, supporters of free trade successfully shifted authority over the management of protectionist claims from Congress to quasi-judicial bodies in the U.S. executive; in 1994 , they successfully strengthened the dispute settlement mechanisms of the World Trade Organization. This judicial transformation indicates a shift from sites where decisions are made by way of political negotiations to sites where judges preside over legal disputes. In the article, I identify the political origins of these judicial transformations and discuss the factors that make judicial sites more favorable to neoliberal policies than political sites.     

Corporations in Court: Big Business Litigation in U. S. Federal Courts, 1971–1991

This article provides an overview of federal litigation involving the largest 2,000 U. S. corporations over the period 1971–91. Reporting from a unique data set of the authors'construction, it finds that althugh the aggregate volume of business litigation grew during the 1970s and early 1980s, it has actually been declining in recent years in all major categories of cases; business-related litigation is heavily concentrated, with an extremely limited number of business "mega-litigants" accounting for most of the activity; this concentration is particularly evident in tort, with the result that the tort trend line outside the concentration is actually flat or declining; a good deal of the growth in litigation outside the tort area can be attributed to business itself; and big business wins overwhelmingly, as plaintiff and defendant, in cases that involve it. The general applicability of these findings is limited by the data's restriction to federal court litigation and the structure of the Integrated Federal Court Data Base from which the authors'data set was constructed. This granted, the report is by far the most comprehensive treatment of U. S. big business litigation to date, and its findings are strikingly at odds with the premises of much current policy discussion.     

Gun Availability and Robbery Rates: A Panel Study of Large U.S. Cities, 1974–1978

This paper examines the hypothesis that crime rates and the availability of firearms form a "vicious circle," so that increases in one lead to increases in the other. Two waves of panel data are used to estimate the relationship between rates of robbery and the relative availability of guns in a sample of large U.S. cities. The results indicate that total robbery rates and gun availability had no influence on each other, but that weapons choice in robbery and gun availability did form a mutually reinforcing cycle. Some implications of these findings are considered.