Law Commons^™

The Perfection And Priority Rules For Security Interests In Copyrights, Patents, And Trademarks: The Current Structural Dissonance And Proposed Legislative Cures, Thomas M. Ward

Maine Law Review

The structural legal dissonance that undermines the effective financing of federal intellectual property rights (patents, trademarks registrations, copyrights, and maskworks) is rooted in the prominence of title in both the early conceptual history of personal property financing and in the language of the federal tract recording acts. While genuine ownership transfers have always represented the prototype under the federal intellectual property recording statutes, transfers intended for security were also originally included because of the early judicial thinking about the importance of title to the validity (against third parties) of a “mortgage” right in intangible personal property. As products of their …

Revised Article 9 And Intellectual Property Asset Financing, Raymond T. Nimmer

Maine Law Review

Commercial asset value today often resides primarily in information assets, rather than in the physical assets that dominated the industrial age (goods and real estate). While tangible assets continue to have value, of course, the shift toward intangibles as value is significant and has been occurring for some time. We have not yet seen its end. More important, we have not yet come to grips with its meaning, either for commercial contract law or for commercial asset-based financing. Attitudes and approaches from the commercial world before intangible assets took center stage continue to influence how modern law treats information assets. …

Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder

University of Miami Business Law Review

No abstract provided.

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.

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

Christopher K. Odinet

Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers

James S. Rogers

No abstract provided.

Negotiability As A System Of Title Recognition, James S. Rogers

James S. Rogers

No abstract provided.

Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption, John F. Dolan

Law Faculty Research Publications

In this article, Professor Dolan maintains that UCC Article 5 fashions a comprehensive remedy scheme for recurring damages claims in letter of credit litigation. That scheme, he contends, is upset by the introduction of most common law causes of action in Article 5 litigation. He concludes, therefore, that courts should not entertain those common law claims, which he sees as destructive of letter of credit law and of the unique commercial nature of letters of credit. Using the economic loss doctrine and similar theories, he urges courts to dismiss actions brought in addition to or in lieu of the remedies …

Commercial Law - Interpreting The Uniform Commercial Code: Methodologies Used, Misused And Unused, Howard Foss

Golden Gate University Law Review

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Russell A. Hakes, Stephen L. Sepinuck

Russell A. Hakes

No abstract provided.

Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

2006 Uniform Commercial Code Survey: Introduction, Robyn L. Meadows, Russell A. Hakes, Stephn L. Sepinuck

Russell A. Hakes

No abstract provided.

Uniform Commercial Code Survey, Sales, Keith A. Rowley, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Robyn L. Meadows, Russell A. Hakes, Stephn L. Sepinuck

Robyn L Meadows

No abstract provided.

Uniform Commercial Code Survey, Sales, Keith A. Rowley, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Keith A. Rowley, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes

Robyn L Meadows

No abstract provided.

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. …

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn T. Dessin

Robyn L Meadows

No abstract provided.

Priorities Under Revised Article 9 Of The Uniform Commercial Code, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

Code Arrogance And Displacement Of Common Law And Equity: A Defense Of Section 1-103 Of The Uniform Commercial Code, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

Uniform Commercial Code Survey, Sales, John T. Wladis, Larry T. Garvin, Robyn L. Meadows, Veryl L. Miles, Mark E. Roszkowski

Robyn L Meadows

No abstract provided.

Filing Nationwide Perfectly Or Get With The Trend , Michael I. Spak

Cleveland State Law Review

In the shadow of the looming year 2000, the Uniform Commercial Code ("U.C.C.") and its filing system, with its independent and varied offices all over the United States, was a system which had not taken advantage of the modern technology available, and thus had failed to keep pace with the rest of society's institutions. It was the author's view that all of the then-present filing systems should have been brought into the 21st century by merging them into a single, unified, central, national U.C.C. filing system. The article begins by discussing different types of filing systems, then focuses on the …

A Potential Pitfall For The Unsuspecting Purchaser Of Repossessed Collateral: The Overlooked Interaction Between Sections 9-504(4) And 2-312(2) Of The Uniform Commercial Code, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

Special Project: Lender Liability, Journal Staff

Vanderbilt Law Review

In recent years banks and other commercial lending institutions have faced a rapid increase in problem loans.' At the same time, the relatively new phenomenon in United States law known as "lender liability" has signaled an expansion of the legal theories under which courts may find lenders liable for damages incurred by borrowers. Perhaps most significantly, many courts now allow borrowers to recover against lenders based on various tort theories. Because of the broader remedies afforded under tort theories as compared to those remedies previously available in contract, some lenders recently have experienced large adverse verdicts. If courts continue to …

Basic Uniform Commercial Code: Teaching Materials, David G. Epstein

Law Faculty Publications

These materials cover extensions of credit secured by a lien on personal property, sales of goods, commercial paper, credit cards, electronic funds transfer systems, and letters of credit. Some aspects of these subjects are regulated by federal statutes; some aspects are covered only by judicial decisions. Notwithstanding the important body of federal law and common law, the Uniform Commercial Code dominates this book.