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The Impairment Of Secured Creditors’ Rights In Reorganization: A Study Of The Relationship Between The Fifth Amendment And The Bankruptcy Clause, James S. Rogers
The Impairment Of Secured Creditors’ Rights In Reorganization: A Study Of The Relationship Between The Fifth Amendment And The Bankruptcy Clause, James S. Rogers
James S. Rogers
Some commentators and courts have argued that the takings clause of the fifth amendment limits congressional power to interfere with property rights in bankruptcy proceedings. In this Article, Professor Rogers argues to the contrary that, at least with respect to prospective bankruptcy legislation, the bankruptcy clause itself and not the fifth amendment limits congressional bankruptcy power. His view derives from nineteenth and twentieth century case law, particularly cases assessing the validity of restraints on secured creditors' foreclosure rights, and from the theoretical difficulty of distinguishing between supposedly protected property rights and supposedly unprotected contract interests. Professor Rogers also sharply criticizes …
The Myth Of Negotiability, James Steven Rogers
Indeterminacy And The Law Of Restitution, James S. Rogers
Indeterminacy And The Law Of Restitution, James S. Rogers
James S. Rogers
No abstract provided.
Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers
Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers
James S. Rogers
No abstract provided.
Toward International Harmonization Of The Commercial Law Of The Modern Securities Holding And Transfer System: Some Reflection From The United States Article 8 Revision Project, James S. Rogers
James S. Rogers
Published by the Capital Markets Forum: Section on Business Law, International Bar Association
Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers
Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers
James S. Rogers
No abstract provided.
Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers
James S. Rogers
No abstract provided.
Behind The Article 8 Ball, James S. Rogers
Contracts And Commercial Law, James S. Rogers
Contracts And Commercial Law, James S. Rogers