Neil B. Cohen

Jeffrey D. Forchelli Professor of Law

250 Joralemon Street
Brooklyn, NY 11201
(718) 780-7940 |  Email
Areas of Expertise
International Business Law
Commercial Law
Constitutional Law
Contracts
Education
S.B., Massachusetts Institute of Technology
J.D., New York University School of Law

Advanced Topics in Commercial Law Seminar

Prerequisite: One of the following courses: Secured Transactions, Sales and Secured Transactions, Commercial Transactions

This seminar addresses a variety of contemporary legal issues in commercial transactions. Topics to be addressed may include (i) the Uniform Commercial Code and the mortgage crisis, (ii) emerging issues in international secured transactions, and (iii) the law of guaranties and other suretyship devices. Final selection of topics will depend, in part, on the interests of the students enrolled in the seminar.

Grading and Method of Evaluation

Letter grade only. A paper is required which may be used to satisfy the upper class writing requirement.

Conflict of Laws

This course deals with the legal problems that arise when an occurrence cuts across state or national boundaries. Major attention is devoted to the analysis of traditional rules and newly developing theories, especially as they apply in multi-state transactions and to out-of-state judgments. Consideration is also given to constitutional issues, the role of the federal courts and the relationship of jurisdiction of courts' concepts to choice of law problems.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Contracts

This course is concerned with the law governing private agreements. The course deals with how contracts are formed; which contracts are valid and enforceable; what constitutes breach of a contract; and what remedies are available when a contract has been breached. Issues relating to the interpretation of contract language, the role of contracts in a market economy, and the policing of unfair bargains are also explored.

Grading and Method of Evaluation

Letter grade only. Final exam.

Payment Systems

This course is an examination of the law governing payment of monetary obligations. Topics to be addressed include the law of negotiable instruments (notes and checks), bank deposits and collections, electronic fund transfers, and letters of credit. Sources of law include Articles 3, 4, 4A, and 5 of the Uniform Commercial Code and various federal statutes and regulations.

Students who have taken Commercial Transactions: Commercial Paper and Banking may not enroll in this course.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Sales and Secured Transactions

This course consists principally of a study of Articles 2, 7 and 9 of the Uniform Commercial Code governing the sale of goods including statute of frauds; warranties of the seller; performance of the contract of sale; risk of loss; remedies of the buyer and seller; security interests in personal property; the creation, perfection and priority of such security interests and the enforcement thereof. Students may elect either this course or the more detailed separate courses in Commercial Transactions: Sales and/or Commercial Transactions: Secured Transactions.

Grading and Method of Evaluation

Letter grade with pass/fail option. Final exam.

Secured Transactions

This course examines the rules governing transactions in which personal property is used as collateral to secure an obligation. This body of law, which applies to transactions as commonplace as an automobile loan and as commercially sophisticated as the multimillion dollar securitization of receivables, addresses not only the rights of the debtor and creditor but also the rights of third parties that may have an interest in the collateral. The primary source of authority is Article 9 of the Uniform Commercial Code, but the United States Bankruptcy Code is also utilized when applicable. Students electing this course may not enroll in the combined course of Commercial Transactions: Sales and Secured Transactions.

Grading and Method of Evaluation

Letter grade only. Final exam.