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Articles 1 - 10 of 10
Full-Text Articles in Law
An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers
An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers
James S. Rogers
As practices change, so too must the language and concepts that define and describe them. That is the lesson to be drawn from the past few decades’ work on the commercial law of investment securities. Article 8 is the first article of the Uniform Commercial Code to reach a third generation. There is the original version, the 1978 version, and now the 1994 version. The original version was based on the traditional system in which buyers and sellers effected transfer of securities by physical delivery of certificates. The 1978 version added new provisions dealing with “uncertificated securities.” Then the 1994 …
The Basic Principle Of Loss Allocation For Unauthorized Checks, James S. Rogers
The Basic Principle Of Loss Allocation For Unauthorized Checks, James S. Rogers
James S. Rogers
It is commonly thought that the Uniform Commercial Code adopts a negligence principle as the basis of loss allocation for the check system. This Article argues that this common assumption is wrong. Instead, the fundamental principle of the check system and all other payment systems is that the burden of unpreventable losses should rest with the providers of the payment system rather than with the users of the payment system. The Article shows that the old English case of Price v. Neal is not, as is commonly thought, an anomaly but is instead entirely consistent with the basic principle of …
Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers
Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers
James S. Rogers
No abstract provided.
The Myth Of Negotiability, James Steven Rogers
Review Of Industrializing English Law: Entrepreneurship And Business Organization, 1720-1844, James S. Rogers
Review Of Industrializing English Law: Entrepreneurship And Business Organization, 1720-1844, James S. Rogers
James S. Rogers
No abstract provided.
Negotiability As A System Of Title Recognition, James S. Rogers
Negotiability As A System Of Title Recognition, James S. Rogers
James S. Rogers
No abstract provided.
The Irrelevance Of Negotiable Instruments Concepts In The Law Of The Check-Based Payment System, James S. Rogers
The Irrelevance Of Negotiable Instruments Concepts In The Law Of The Check-Based Payment System, James S. Rogers
James S. Rogers
No abstract provided.
The New Old Law Of Electronic Money, James S. Rogers
The New Old Law Of Electronic Money, James S. Rogers
James S. Rogers
A variety of electronic money systems have recently been proposed or implemented in which the initial transaction between the parties would—without any contact to the banking system—result in the instantaneous transfer of bank credit. For example, “smart-card” systems and various systems that have been proposed for internet payment transactions would operate by loading transferable value onto a device, so that a payment transaction could be completed by a transaction between the parties, without any contact to the banking system. It is generally assumed that there is no present law, statutory or judge-made, that applies directly to such electronic money systems. …
Unification Of Payments Law And The Problem Of Insolvency Risk In Payment Systems, James S. Rogers
Unification Of Payments Law And The Problem Of Insolvency Risk In Payment Systems, James S. Rogers
James S. Rogers
No abstract provided.
Indeterminacy And The Law Of Restitution, James S. Rogers
Indeterminacy And The Law Of Restitution, James S. Rogers
James S. Rogers
No abstract provided.