Commercial Calamities: An Introduction and Sermon
Larry T. Garvin
Ohio State University - Moritz College of Law
Ohio State Law Journal, Vol. 68, 2007
Ohio State Public Law Working Paper No. 86
The Ohio State Law Journal will soon publish a symposium, Commercial Calamities, in which seventeen distinguished commercial law scholars discuss aspects of commercial law that they find particularly irksome, wrongheaded, malign, or moronic. The essays in this symposium cover virtually all the major doctrinal fields within commercial law and a wide range of approaches, ranging from critiques of particular judicial decisions to attacks on the structure of the Code or the Code revision process.
In this introduction, Professor Garvin traces the main themes of the contributions, using as an organizing approach Karl Llewellyn's apothegmatic definition of American Legal Realism. Looked at from this vantage, the wide range of commercial calamities limned by the essays here reduce to a frequent failure on the part of legislators, revisers, courts, and commentators alike to adhere to the Realist principles that undergirded Llewellyn's work (though, according to one contributor, not the Code itself). Professor Garvin suggests ways in which those who mold commercial law might remain true to Llewellyn's principles and, by so doing, avoid creating further calamities.
This issue of the Ohio State Law Journal will be published in February 2007. It will contain essays by Professors Amelia Boss, Jean Braucher, Scott Burnham, Neil B. Cohen, Karen Halverson Cross, Larry T. Garvin, Victor P. Goldberg, Robert A. Hillman, Lynn M. LoPucki, Gregory A. Maggs, Charles A. Mooney, Thomas A. Plank, Robert K. Rasmussen, Steven L. Schwarcz, Robert E. Scott, Franklin G. Snyder, and James J. White. All members of the Commercial and Related Consumer Law Section of the Association of American Law Schools will receive a copy with the compliments of the Michael E. Moritz College of Law of The Ohio State University.
Number of Pages in PDF File: 8
Keywords: UCC, Uniform Commercial Code, contracts, uniform law
JEL Classification: D72, D78, K12, K20, K29Accepted Paper Series
Date posted: December 4, 2006
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