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Selected Works

Juliet M. Moringiello

Articles 1 - 20 of 20

Full-Text Articles in Law

Cities In Distress: Municipal Recovery Lessons From Pennsylvania, Juliet M. Moringiello Jul 2018

Cities In Distress: Municipal Recovery Lessons From Pennsylvania, Juliet M. Moringiello

Juliet M. Moringiello

As we reflect on the five years since Detroit’s bankruptcy filing, Pennsylvania’s experience in intervening in its municipalities’ financial distress provides some useful insights on the problems plaguing municipalities as well as lessons for states.

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Keeping Current: The Trustee Fought Law (With Equity) And Law Won: The U.S. Supreme Court’S Recent Decision In Law V. Siegel, Juliet M. Moringiello Mar 2014

Keeping Current: The Trustee Fought Law (With Equity) And Law Won: The U.S. Supreme Court’S Recent Decision In Law V. Siegel, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Goals And Governance In Municipal Bankruptcy, Juliet M. Moringiello Dec 2013

Goals And Governance In Municipal Bankruptcy, Juliet M. Moringiello

Juliet M. Moringiello

The years from 2011 to 2013 were remarkable in municipal bankruptcy terms. During those years, several cities and counties took the rare step of filing for bankruptcy under Chapter 9 of the Bankruptcy Code. When Detroit filed for bankruptcy in July, 2013, it became the largest city measured by both population and outstanding debt to file for Chapter 9.

The recent filings challenge the conventional wisdom that Chapter 9 is poorly tailored to the rehabilitation needs of larger cities and counties. Those who have written about Chapter 9 in the past twenty years have treated Chapter 9 and state intervention …

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What Virtual Worlds Can Do For Property Law, Juliet M. Moringiello Dec 2009

What Virtual Worlds Can Do For Property Law, Juliet M. Moringiello

Juliet M. Moringiello

This is an article about how disputes over virtual world items, such as virtual money, Second Life islands, and even sex beds, can inform property law generally. Rights in these virtual world items, like rights in software and many other intangible assets, are transferred by standard-form agreements that are often designated as licenses. For many readers, virtual worlds need no definition; it has been hard to read a major newspaper in the past several years without encountering an article about virtual worlds. In the past several years, Second Life and other virtual worlds were featured in numerous articles in major …

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Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds Oct 2009

Electronic Contracting Cases 2008-2009, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

No abstract provided.

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Towards A System Of Estates In Virtual Property, Juliet M. Moringiello Dec 2007

Towards A System Of Estates In Virtual Property, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds Dec 2007

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

In this survey, we discuss electronic contracting cases decided between July 1, 2007 and June 30, 2008. In addition to cases adding to the literature on the enforceability of online contracts, this survey includes cases discussing modification of online contracts, incorporation by reference, and unconscionability. We conclude that our common law is developing nicely to address the issues presented by internet contracting.

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Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds Dec 2006

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2006-2007, Juliet M. Moringiello, William L. Reynolds

Juliet M. Moringiello

In this annual survey, we discuss the electronic contracting cases decided between July 1, 2006 and June 30, 2007. In the article, we discuss issues involving contract formation, procedural unconscionability, the scope of UETA and E-SIGN, and contracts formed by automated agents. We conclude that whatever doctrinal doubt judges and scholars may once have had about applying standard contract law to electronic transactions, those doubts have now been largely resolved, and that the decisions involving electronic contracts are following the general law of contracts pretty closely.

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False Categories In Commercial Law: The (Ir)Relevance Of (In)Tangibility, Juliet M. Moringiello Dec 2006

False Categories In Commercial Law: The (Ir)Relevance Of (In)Tangibility, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii Dec 2005

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2005-2006, Juliet M. Moringiello, William L. Reynolds Ii

Juliet M. Moringiello

This article analyzes the judicial decisions involving Internet and other electronic contracts during the period from July 1, 2005 to June 30, 2006. The authors explain that this year's cases show a maturation of the common law of electronic contracts in that the judges are beginning to recognize the realities of electronic communications and to apply traditional contract principles to those communications unless the realities of the technology justifies a different result.

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Has Congress Slimmed Down The Hogs?: A Look At The Bapca Approach To Pre-Bankruptcy Planning, Juliet M. Moringiello Dec 2005

Has Congress Slimmed Down The Hogs?: A Look At The Bapca Approach To Pre-Bankruptcy Planning, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Is It More Difficult To File For Bankruptcy? Consumer Provisions Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Juliet M. Moringiello Dec 2005

Is It More Difficult To File For Bankruptcy? Consumer Provisions Of The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello Dec 2004

Survey Of The Law Of Cyberspace: Internet Contracting Cases 2004-2005, William L. Reynolds, Juliet M. Moringiello

Juliet M. Moringiello

This article reviews recent developments in the United States and the European Union involving Internet transactions. It describes those developments and analyzes both from a normative and practical perspective.

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Signals, Assent And Internet Contracting, Juliet M. Moringiello Dec 2004

Signals, Assent And Internet Contracting, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello Jun 2003

‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M. Moringiello Dec 2002

Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M. Moringiello Dec 2000

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

Juliet M. Moringiello

No abstract provided.

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A Tale Of Two Codes: Examining § 522(F) Of The Bankruptcy Code, § 9-103 Of The Uniform Commercial Code And The Proper Role Of State Law In Bankruptcy, Juliet M. Moringiello Dec 2000

A Tale Of Two Codes: Examining § 522(F) Of The Bankruptcy Code, § 9-103 Of The Uniform Commercial Code And The Proper Role Of State Law In Bankruptcy, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M. Moringiello Dec 1995

A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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Silencing The Loose Cannon: The Need For The Bankruptcy Code To Recognize Letters Of Credit, Juliet M. Moringiello Dec 1993

Silencing The Loose Cannon: The Need For The Bankruptcy Code To Recognize Letters Of Credit, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

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