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Full-Text Articles in Law

The Impairment Of Secured Creditors’ Rights In Reorganization: A Study Of The Relationship Between The Fifth Amendment And The Bankruptcy Clause, James S. Rogers Oct 2011

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 Oct 2011

The Myth Of Negotiability, James Steven Rogers

James S. Rogers

No abstract provided.


Indeterminacy And The Law Of Restitution, James S. Rogers Dec 2010

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 Oct 2004

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 Dec 1995

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 Nov 1994

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 Aug 1994

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 Dec 1993

Behind The Article 8 Ball, James S. Rogers

James S. Rogers

No abstract provided.


Contracts And Commercial Law, James S. Rogers Dec 1980

Contracts And Commercial Law, James S. Rogers

James S. Rogers

No abstract provided.


Contracts And Commercial Law, James S. Rogers Dec 1979

Contracts And Commercial Law, James S. Rogers

James S. Rogers

No abstract provided.