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The Federal Courts' Gate-Keeping Function for Fixed and Invariable Evidence of Custom and Usage
The role of the trial judge in screening proffered custom and usage evidence has evolved with time and is now part of the gate-keeping function provided in the federal rules of evidence. This article traces some of the relevant background and discusses how the federal rules now guide the courts in the exercise of that function.
Reliable knowledge of the customs and practices of a particular industry can be useful in the interpretation of contracts, including those that provide insurance. See Appleman on Insurance Law & Prac. 2d '5.7 (2005); Richard A. Lord, Usage and Custom, in 12 Williston on Contracts '34:2 (4th ed. 2005). The roots of the doctrine stretch back to 13th and 14th century efforts by English jurists to incorporate the law of merchants (derived from customs) into the general common law. See generally Charles A. Bane, From Holt and Mansfield to Story to Lewellyn and Mentschickoff: The Progressive Development of Commercial Law, 37 U. Miami L. Rev. 351, 352-62 (1983). This English effort spread to the United States and eventually culminated in the creation of the Uniform Commercial Code, which both codified the law of merchants and left room for its development and expansion through the continued evolution of customs and practices. See Uniform Commercial Code '1-102. In keeping with the general view of the Code's primary drafter (Karl Lewellyn), the Code deals with questions of “custom” and “usage” as matters of fact instead of questions of law. See Bane, 37 U. Miami L. Rev. at 376.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."