Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (7)
- University of Pennsylvania Carey Law School (5)
- Southern Methodist University (3)
- Pepperdine University (2)
- Seattle University School of Law (2)
-
- Selected Works (2)
- University of Colorado Law School (2)
- University of Kentucky (2)
- University of Richmond (2)
- Vanderbilt University Law School (2)
- Washington and Lee University School of Law (2)
- BLR (1)
- Florida International University College of Law (1)
- Texas A&M University School of Law (1)
- UIdaho Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Oklahoma College of Law (1)
- Publication Year
- Publication
-
- All Faculty Scholarship (5)
- Articles by Maurer Faculty (5)
- Faculty Journal Articles and Book Chapters (3)
- Indiana Law Journal (2)
- Kentucky Law Journal (2)
-
- Law Faculty Publications (2)
- Pepperdine Law Review (2)
- Publications (2)
- Seattle University Law Review (2)
- Washington and Lee Law Review (2)
- American Indian Law Review (1)
- Articles (1)
- Christopher K. Odinet (1)
- ExpressO (1)
- FIU Law Review (1)
- Faculty Scholarship (1)
- James S. Rogers (1)
- Maryland Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 1 - 30 of 37
Full-Text Articles in Law
Emerging Technology's Unfamiliarity With Commercial Law, Carla L. Reyes
Emerging Technology's Unfamiliarity With Commercial Law, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Over the course of a three-year, collaborative process that was open to the public, the Uniform Law Commission (ULC) and the American Law Institute (ALI) undertook a project to revise the Uniform Commercial Code (UCC) to account for the impact of emerging technologies on commercial transactions. The amendments, approved jointly by the ULC and ALI in July 2022, touch on aspects of the entire UCC, but one change has inspired ire and attracted national media attention: a proposed revision to the definition of “money.” The 2022 UCC Amendments alter the definition of “money” to account for the introduction of central …
Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.
Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.
All Faculty Scholarship
This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms of …
Credit Supports For Italian Specialty Products: The Case Of Prosciutto And Long-Aged Cheese, Jorge L. Esquirol
Credit Supports For Italian Specialty Products: The Case Of Prosciutto And Long-Aged Cheese, Jorge L. Esquirol
FIU Law Review
No abstract provided.
Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.
Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.
All Faculty Scholarship
This manuscript will appear as a chapter in a forthcoming edited volume published by Hart Publishing, Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., forthcoming 2020). It focuses on a set of principles (Modern Principles) that secured transactions law for personal property should follow. These Modern Principles are based on UCC Article 9 and its many progeny, including the UNCITRAL Model Law on Secured Transactions. The chapter situates the Modern principles in the context of the transplantation of law from one legal system to another. It draws in particular on Alan Watson’s pathbreaking …
Insolvency Law As Credit Enhancement And Enforcement Mechanism: A Closer Look At Global Modernization Of Secured Transactions Law, Charles W. Mooney Jr.
Insolvency Law As Credit Enhancement And Enforcement Mechanism: A Closer Look At Global Modernization Of Secured Transactions Law, Charles W. Mooney Jr.
All Faculty Scholarship
This essay revisits earlier work on the relationship between insolvency law and secured credit, the role of secured transactions law reforms, and the benefits of secured credit. These complex relationships require a holistic approach toward reforms of secured transactions law and insolvency law. Merely enacting sensible secured transactions laws and insolvency laws may be insufficient to produce the intended benefits from either set of laws.
The essay is informed by an ongoing qualitative empirical study of business credit in Japan—the Japanese Business Credit Project. The JBCP involves interviews of representatives of Japanese financial institutions and governmental bodies and legal practitioners …
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, Benjamin Von Bodungen, Charles W. Mooney Jr.
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, Benjamin Von Bodungen, Charles W. Mooney Jr.
All Faculty Scholarship
UNIDROIT is in the process of adopting a fourth Protocol under the umbrella of the Cape Town Convention, the MAC Protocol, which will cover mining, agricultural and construction equipment. This article addresses a challenge faced by the MAC Protocol that was not encountered in the development of the previous Protocols - the potential for MAC equipment to be associated with immovable property in ways that result in the holder of an interest in the immovable property acquiring an interest in the associated MAC equipment under the law of the State in which the immovable property is located. The article first …
Conceptualizing Cryptolaw, Carla L. Reyes
Conceptualizing Cryptolaw, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Sweden transfers its real property recording system to the blockchain, a software protocol that enables public, cryptographically secure transaction verification without reliance upon a trusted third party. Dubai plans to issue blockchain-based government documents. The United States Department of Health and Human Services investigates blockchain-based systems for managing health data. Illinois explores blockchain-based applications for use in the Illinois government. News of governments and public-private partnerships developing blockchain-based legal applications increasingly splash across the headlines; however the law-makers using blockchain and other Distributed Ledger Technology (DLT) systems to implement legal processes do not systematically consider the broader implications of their …
Law And Development In West And Central Africa (Ohada), Peter Winship
Law And Development In West And Central Africa (Ohada), Peter Winship
Faculty Journal Articles and Book Chapters
This seminar paper considers whether OHADA - an experiment in unifying business law in African countries - has been a success. Following a prologue that explains the origins of the paper, the first part of the paper sets out basic information about the Organisation pour l’Harmonisation du Droit des Affaires en Afrique (“Organization for the Harmonization of Business Law in Africa,” known by the acronym OHADA). This part is followed by a review of law and development literature to assess the value of this literature for an evaluation of the success (or not) of OHADA. A third part then focuses …
The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.
The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.
All Faculty Scholarship
This Essay is Part Two of a two-part essay series that outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty-six Contracting States (fifty-eight of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.
This Part of the Essay explores whether an investor-state dispute settlement (ISDS) feature …
Debtor's Defense To A Deficiency Judgment Under Ucc , Gail Clifford Hutton
Debtor's Defense To A Deficiency Judgment Under Ucc , Gail Clifford Hutton
Pepperdine Law Review
No abstract provided.
Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii
Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii
Pepperdine Law Review
No abstract provided.
A Guide To The Model Tribal Secured Transactions Act For Those Familiar With The Uniform Commercial Code, Elaine A. Welle
A Guide To The Model Tribal Secured Transactions Act For Those Familiar With The Uniform Commercial Code, Elaine A. Welle
American Indian Law Review
No abstract provided.
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
Faculty Scholarship
This Article addresses the open question related to the use of tax credits as a source of secured capital. It first lays a foundation by analyzing the theoretical underpinnings of the UCC’s category for general intangibles and shows how classification as a general intangible can and should comport with the legal substance of tax credits as a form of secured financing. The work also investigates the theory and nature that forms the basis of tax credits and their economic value. Next, the Article provides an overview of the relatively meager case law on tax credit financing and explains how courts …
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
Christopher K. Odinet
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.
Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl
Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl
Vanderbilt Journal of Transnational Law
When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy. In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets of their borrowers. However, the challenge of reforming Iraqi commercial law is complicated by the requirement under the new Iraqi Constitution that any new statutes enacted by the Iraqi legislature comply with the principles of Islamic law. This Article sets forth proposals for reform that …
Secrets And Liens: Verification And Measurement In Commercial Finance Law, Jonathan C. Lipson
Secrets And Liens: Verification And Measurement In Commercial Finance Law, Jonathan C. Lipson
ExpressO
This article argues that commercial finance law increasingly uses contract rules to displace property rules, especially as these rules pertain to verifying and measuring property interests. In this context, verification simply means confirming the existence of a property interest, such as a lien or security interest. Measurement means determining the relationships of various property interests to one another (i.e., the priority of interests).
Historically, commercial finance law – in particular the Uniform Commercial Code, which governs loans secured by personal property – provided that something would be treated as “property” only if its property character was fairly easy to discover. …
Unification Of The Law Governing Secured Transactions: Progress And Prospects For Reform, Hannah Buxbaum
Unification Of The Law Governing Secured Transactions: Progress And Prospects For Reform, Hannah Buxbaum
Articles by Maurer Faculty
This article was published in connection with UNIDROIT's 75th anniversary conference on worldwide harmonization of private law and regional economic integration. It begins by addressing the commercial need for harmonization in the area of secured transactions, discussing both traditional conflicts analysis in that field and particular obstacles to reform. It then outlines the specific reform initiatives that have been implemented to date, grouping them into sectoral instruments and regional instruments. It concludes by speculating on the future of harmonization efforts in security law.
Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin
Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin
Seattle University Law Review
Students are often surprised by how much they enjoy commercial law. Anyone who finds either money or power interesting is likely to see the potential for fun in a class where these issues are discussed. In a capitalist society, "Money Law" reflects virtually all of our societal values in one way or another, reflects the culture of capitalism at work, and is "Law and Society" in the broadest sense. While most people find it hard to get excited about secured transactions, this sentiment is not likely to last long if the teacher uses Secured Credit: A Systems Approach. Part …
Introducing Revised Article 9 Of The Uniform Commercial Code, John L. Mccabe, Arthur H. Travers
Introducing Revised Article 9 Of The Uniform Commercial Code, John L. Mccabe, Arthur H. Travers
Publications
No abstract provided.
A Central Filing System For Financing Statements, Arthur H. Travers Jr., John L. Mccabe
A Central Filing System For Financing Statements, Arthur H. Travers Jr., John L. Mccabe
Publications
No abstract provided.
On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch
On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch
Law Faculty Publications
This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by the United States …
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
The Implicit "Takings" Jurisprudence Of Article 9 Of The Uniform Commercial Code, David Frisch
Law Faculty Publications
Part I of this Article begins by reasserting that central to the idea of property rights is the legal entitlement to remedies that permits a person to exercise dominion over the specific asset or to exclude the exercise of dominion by others. Next, part I examines the essence of a security interest and demonstrates that it is a protected property interest. Part II sets forth a model of priorities that suggests that although property interests should ordinarily be protected by a property rule, there is something special about a security interest, implying the need for greater contingency and justifying a …
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Purchase Money Security Interest In Inventory: If It Does Not Float, It Must Be Dead!, D. Benjamin Beard
Articles
No abstract provided.
A Problem Involving Assignments Of Accounts Under Article 9, Ray D. Henson
A Problem Involving Assignments Of Accounts Under Article 9, Ray D. Henson
Washington and Lee Law Review
No abstract provided.
Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer
Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer
Kentucky Law Journal
No abstract provided.
Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne
Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne
Kentucky Law Journal
No abstract provided.
The 1981 Revisions To The Maryland Law Of Secured Transactions: An Overview For The Practitioner, James M. Smith, Richard Clark Faint Jr.
The 1981 Revisions To The Maryland Law Of Secured Transactions: An Overview For The Practitioner, James M. Smith, Richard Clark Faint Jr.
Maryland Law Review
No abstract provided.
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Seattle University Law Review
This article focuses on a secured party's right to hold a debtor liable for a deficiency when resale of the goods does not satisfy the remaining obligation.
The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority?
Washington and Lee Law Review
No abstract provided.