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Henry Deeb Gabriel

DeVan Daggett Professor of Law
B.A., 1977, York University (Canada); J.D., 1980, Gonzaga University; LL.M., 1981, University of Pennsylvania.

Henry Gabriel is the DeVan Daggett Professor of Law. A nationally and internationally recognized expert in commercial law, he presently serves as a delegate from the United States to the United Nations Commission on International Trade Law for the working group on electronic commerce. He is also the reporter for the revisions of the sales and leases articles of the Uniform Commercial Code as well as the chair of the revision committee to revise the articles on documents of title. An appointed member of the National Conference of Commissioners on Uniform State Laws, he also was on the drafting committee of the Uniform Electronic Transactions Act. He has been a visiting professor at Tulane University and McGeorge School of Law in the United States, the University of Queensland, Monash and Deakin Universities in Australia, the University of Lapland in Finland, Kyushu University in Japan, and the University of Padua in Italy. He has also lectured at other universities in Austria, Australia, Italy, New Zealand and Vanuatu. He has vast appellate experience, having been lead counsel in over fifty federal appeals in the United States Supreme Court and the United States Courts of Appeals, and in1992, he spent a year as the Professor in Residence at the United States Department of Justice Appellate Staff. He graduated with honors from Gonzaga University Law School where he was the articles editor for the Gonzaga Law Review. He served as law clerk to the Late Chief Judge Henry A. Politz of the United States Court of Appeals, Fifth Circuit, and spent two years teaching at Columbia University Law School before joining the Loyola faculty in 1984. He is an elected a member of the American Law Institute, and he was Chair of the American Bar Association Business Law Section Committee on Sales Law from 1992-1996. His areas of expertise are domestic and international commercial law, contracts, international commercial arbitration, and federal appellate advocacy.

E-mail: gabriel@loyno.edu
Office Phone: 504-861-5667

Publications

Books:

  • Volumes 3 and 3A of Bender’s Uniform Commercial Code Service: Gabriel and Henning on Sales and Bulk Transfers (Matthew Bender 2001).
  • A Practical Guide to International Commercial Arbitration (Oceana Press, 2000) (with Garnett, Waincymer & Epstein).
  • How International is the Sales Law of the United States, Vol. 34 Saggi, Conferenze E Seminari of the Centro di Studi e Ricerche di Diritto Comparato e Straneiro, Universita di Roma (Rome 1999).
  • The ABCs of the UCC: Article 2, with Linda Rusch (Chicago, IL: American Bar Association, 1997).
  • Federal Appellate Practice: Fifth Circuit, with Sidney Powell (Rochester, NY: Lawyers Cooperative Press, 1994). updated in 1995.
  • Practitioner's Guide to the Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Commercial Code (UCC) (Dobbs Ferry, NY: Oceana Press, 1994).
  • Louisiana Security Rights in Personal Property (Austin TX: Butterworth Legal Publishers, 1991).

Articles:

  • “Managing the Transition to Revised U.C.C. 9: A Guide for Louisiana” 47 Loy. L. Rev. 1097 (2001).
  • “Introduction to the Symposium on the Comparison of the Principles of European Contract Law with the Uniform Commercial Code” 13 Pace Int. L. Rev 257 (2001).
  • "The Revision of the Uniform Commercial Code_ How Successful Has It Been?" 52 Hastings L. Rev. 653 (2001).
  • "The New United States Uniform Electronic Transactions Act: Substantive Provisions, Drafting History, and Comparison to the UNCITRAL Model Law on Electronic Commerce" forthcoming in 2000 Uniform Law Review651 (2000); reprinted at http://www.unidroit.org/english/publications/review/articles/2000_4.htm.
  • "The New Zealand Personal Property Securities Act: A Comparison with the North American Model for Personal Property Security" 34 International Lawyer 1123 (Winter 2000).
  • "The Revision of the Uniform Commercial Code_ Process and Politics" 19 J. Law and Com. 125 (1999).
  • "The Ethical Duties of Arbitrators in International Commercial Arbitration" 8 Metropolitan Corporate Counsel 10 (Oct. 2000) (with Garnett, Epstein & Waincymer).
  • “The International Chamber of Commerce Incoterms 2000: A Guide to the Terms and Their Usage” 5 Vindobona Journal 41 (2001) (with Frantzen).
  • "The International Chamber of Commerce Incoterms 1990: A Guide to the Terms and Their Usage" 3 Vindobona Journal 61 (1999).
  • "The Future of Commercial Law," in "Predictions, Legal Practice in 2020," 47 La. B.J. 409 (2000).
  • "Preparation and Delivery of Oral Argument in Appellate Courts," 22 Am. J. Trial Advoc. 571_590 (1999). Reprinted in 49 Defense Law Journal 145 (2000).
  • "Legal Ethics in Reproductive Technology," with E. Davis, 45 Loy. L. Rev. 221_237 (1999).
  • "Recent Developments in American Commercial Law: The Revision of the Uniform Commercial Code and its Implications for Australia" 4 International Trade and Business Law Annual 31 (1998).
  • "The Revision of the Uniform Commercial Code in the United States and Its Implications for Australia," 24 Monash U. L. Rev. 291 (1998).
  • "The Inapplicability of the United Nations Convention on the International Sale of Goods as a Model for the Revision of Article Two of the Uniform Commercial Code," 72 Tul. L. Rev. 1995_2014 (1998).
  • "A Primer on the United Nations Convention on the International Sale of Goods: From the Perspective of the Uniform Commercial Code," 7 Ind. Int'l & Comp. L. Rev. 279_310 (1997).
  • "Appellate Review of Sentences Under the Federal Sentencing Guidelines in the Fifth Circuit," with Katherine Barski, 57 La. L. Rev. 985_1018 (1997).
  • "Updating the U.C.C.: Revisions in the Works Affect Consumers," with Katherine Barski, 6 Bus. L. Today 16 (Sept./Oct. 1996).
  • "Duties of the Court Appointed Attorney," with Kimber Tuttle, 27 Tex. Tech L. Rev. 429_455 (1996).
  • "The Uniform Commercial Code Survey: General Provisions and Sales," with Thomas McCarthy and Linda Rusch, 51 Bus. Law. 1361 (1996).
  • "Reasonable Doubt Jury Instructions: The Supreme Court Struggles to Live By Its Principles," with Katherine Barski, 11 St. John's J. Legal Comment. 73_87 (1995).
  • "Fifth Circuit Appeals from Bankruptcy Decisions," with Scott Beal, 15 Miss. C. L. Rev. 309_330 (1995).
  • "Much Ado About Nothing: Achieving Essential Negotiability in an Electronic Environment," with David Frisch, 31 Idaho L. Rev. 747 (1995).
  • "U.C.C. Survey: General Provisions and Sales," with Gruning and Linda Rusch, 50 Bus. Law. 1461_1479 (1995).
  • "The Battle of the Forms: A Comparison of the United Nations Convention for the International Sale of Goods and the Uniform Commercial Code: The Common Law and the Uniform Commercial Code," 49 Bus. Law. 1053_1064 (1994).
  • "U.C.C. Survey: General Provisions and Sales," with Gruning and Steven Mair, 49 Bus. Law. 1919_1935 (1994).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 11 Fifth Cir. Rep. 69_73 (1993).
  • "U.C.C. Survey: General Provisions and Sales," with Steven Mair, 48 Bus. Law. 1595_1612 (1993).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 10 Fifth Cir. Rep. 901_905 (1993).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 10 Fifth Cir. Rep. 615_623 (1993).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 10 Fifth Cir. Rep. 263_269 (1993).
  • "Juggling Scholarship and Social Commitment: Service to the Community Through Representation of Indigent Criminal Defendants," 20 N.C. Cent. L.J. 223_229 (1992).
  • "Bankruptcy," (5th Circuit Symposium), with Gruning and Douglas Dodd, 38 Loy. L. Rev. 657_714 (1992).
  • "U.C.C. Survey: Letters of Credit," with eight others, 47 Bus. Law. 1571_1588 (1992).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 9 Fifth Cir. Rep. 1509_1516 (1992).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 9 Fifth Cir. Rep. 1239_1244 (1992).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 9 Fifth Cir. Rep. 859_864 (1992).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 9 Fifth Cir. Rep. 527_534 (1992).
  • "An Appraisal of the March 1, 1990, Preliminary Report of the Uniform Commercial Code Article 2 Study Group," by nine members of the Task Force of the A.B.A. Subcommittee on General Provisions, Sales, Bulk Transfers, and Documents of Title, Committee on the Uniform Commercial Code, 16 Del. J. Corp. L. 981_1325 (1991).
  • "U.C.C. Survey: Letters of Credit," with six others, 46 Bus. Law. 1579_1696 (1991).
  • "Bankruptcy," (5th Circuit Symposium) with Gruning and Douglas Dodd, 37 Loy. L. Rev. 585_630 (1991).
  • "Appealing Sanctions and Sanctions on Appeal in the United States Fifth Circuit Court of Appeals," 9 Fifth Cir. Rep. 255 (1991).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 8 Fifth Cir. Rep. 1159_1168 (1991).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 8 Fifth Cir. Rep. 927_933 (1991).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 8 Fifth Cir. Rep. 471_476 (1991).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 8 Fifth Cir. Rep. 303_308 (1991).
  • "Seller's Election of Damages Under the Uniform Commercial Code," 5 Com. Damages Rep. 169 (1990).
  • "Bankruptcy," (5th Circuit Symposium) with Gruning and Douglas Dodd, 36 Loy. L. Rev. 687_718 (1990).
  • "Louisiana Chapter Nine (Part Two): Priorities and Proceeds," 35 Loy. L. Rev. 1087_1128 (1990).
  • "Louisiana Chapter Nine (Part One): Creating and Perfecting the Security Interest," 35 Loy. L. Rev. 311_349 (1989).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 7 Fifth Cir. Rep. 963_969 (1990).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 7 Fifth Cir. Rep. 813_821 (1990).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 7 Fifth Cir. Rep. 473_485 (1990).
  • "Fifth Circuit Bankruptcy Update," with Gruning and Douglas Dodd, 7 Fifth Cir. Rep. 229_234 (1990).
  • "America's Oldest Law School," 39 J. Legal Educ. 269_274 (1989).
  • "Standby Letters of Credit: Does the Risk Outweigh the Benefits?", 1988 Colum. Bus. L. Rev. 705_737 (1988).
  • "Graduate Legal Education: An Appraisal," 30 South Texas L. Rev. 129_164 (1988).
  • "The Seller's Election of Remedies Under the Uniform Commercial Code: An Expectation Theory," 23 Wake Forest L. Rev. 429_454 (1988).
  • "Bankruptcy," (5th Circuit Symposium) 33 Loy. L. Rev. 625_652 (1987).
  • "Bankruptcy," (5th Circuit Symposium) 32 Loy. L. Rev. 603_631 (1986).
  • "Testbank: The Fifth Circuit Reaffirms the Bright Line Rule of Robins Dry Dock and Fails to Devise a Test to Allow Recovery for Pure Economic Damages," 31 Loy. L. Rev. 265_299 (1985).

Book Reviews:

  • Book Review. Legal Issues for Non_profit Associations, ed. by McGregor_Lowndes, Fletcher, and Sievers, 24 Monash U. L. Rev. 502_503 (1998).
  • Book Review. Studies in Roman Private Law, by Watson, 37 Am. J. Legal Hist. 94_95 (1993).
  • Book Review. Studies in Roman Private Law, by Watson, 37 Am. J. Legal Hist. 94_95 (1993).
  • Book Review. Slave Law in the Americas, by Watson, 35 Am. J. Legal Hist. 108_109 (1991).
  • Book Review. The Magic Mirror; Law in American History, by Hall, 35 Loy. L. Rev. 1491_1493 (1990).
  • Book Review. Failures of the Legal Imagination, by Watson, 33 Am. J. Legal Hist. 400_402 (1989).
  • Book Review. Causation in the Law, 2nd ed., by Hart and Honore, 34 Loy. L. Rev. 463_467 (1988).
  • Book Review. The Evolution of Law, by Watson, 31 Am. J. Legal Hist. 80_82 (1987).
  • Book Review. Louisiana Legal Research, by Chiang, 32 Loy. L. Rev. 549_550 (1986).

Law Revision Reports:

  • Reporter, Uniform Commercial Code, [New] Revised Article 2. Sales. (Reporter's Interim Draft, November 1999). 112 pages.(National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2 Sales. (Reporter’s Interim Draft, November 1999). 112 pages (American Law Institute).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2. Sales. ( Draft, December 1999). 118 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2A Leases. (Draft, December 1999). 89 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2. Sales. ( Draft, March 2000). 127 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2A Leases. (Draft, March 2000). 92 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2 Sales. (Member’s Consultative Group Draft, March 2000). 126 pages (American Law Institute).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2 Sales. (Annual Meeting Discussion Draft, May 2000). 142 pages (American Law Institute).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2. Sales. (Annual Meeting Discussion Draft, Summer 2000). 187 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2A Leases. (Annual Meeting Discussion Draft, Summer 2000). 102 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2. Sales. (Council Draft, October 2000). 125 pages (American Law Institute).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2A Leases. (Council Draft, October 2000). 82 pages (American Law Institute).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2. Sales. ( Draft, November 2000). 149 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2A Leases. (Draft, November, 2000). 83 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2 Sales. (Annual Meeting Discussion Draft, May 2001). 152 pages (American Law Institute).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2A Leases. (Annual Meeting Discussion Draft, May 2001). 122 pages (American Law Institute).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2 Sales. (Annual Meeting Discussion Draft, Summer 2002). 152 pages (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Uniform Commercial Code, [New] Revised Article 2A Leases. (Annual Meeting Discussion Draft, Summer 2002) 76 pages. (National Conference of Commissioners on Uniform State Laws).
  • Reporter, Louisiana Uniform Electronic Transactions Act, Council Meeting Discussion Draft, February 2002, 44 pages (Louisiana Law Institute).

Updated March 3, 2005

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