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Articles 1 - 4 of 4
Full-Text Articles in Law
Toward Maximum Facilitation Of Intent To Create Enforceable Article Nine Security Interests, Harold R. Weinberg
Toward Maximum Facilitation Of Intent To Create Enforceable Article Nine Security Interests, Harold R. Weinberg
Law Faculty Scholarly Articles
Article Nine of the Uniform Commercial Code generally facilitates individual autonomy in the creation of consensual security interests by imposing limited form and content requirements on security agreements. Private autonomy is subordinated, however, where the Article's draftsmen believed that certain other policies required a degree of regulation. Through the process of interpreting and applying a number of Code provisions which set forth the requirements for creating security interests, a court can effectuate what it considers to be the appropriate balance between facilitating the parties' intent to create a security interest and insuring that regulatory policies, such as protecting creditors and …
Secured Party's Right To Sue Third Persons For Damage To Or Defects In Collateral, Harold R. Weinberg
Secured Party's Right To Sue Third Persons For Damage To Or Defects In Collateral, Harold R. Weinberg
Law Faculty Scholarly Articles
The proverb “there is many a slip ‘twixt the cup and the lip” might have been written with the secured creditor in mind. Many tragedies may befall him to defeat his expectations. He takes his security interest hoping for the best, but preparing for the worst—nonperformance of the obligation secured. If he does not carefully comply with the Article Nine provisions concerning the enforceability and perfection of a security interest, he may ultimately be unsecured. If his security interest is enforceable and perfected, it may turn out that some other party has priority to the collateral. Even if the secured …
Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr.
Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
Section 2(11) of the Securities Act of 1933 (Act) generally subjects the sale of securities by a person "controlling an issuer" to the same rules that govern the sale of securities by an issuer. Accordingly, before a "control" person may sell the securities he holds in the controlled corporation he must either register them with the Securities and Exchange Commission (Commission) or qualify for an exemption from the registration requirement. While the Act clearly requires that a "control" person either register or qualify for an exemption, it fails to define "control." Thus, the task of defining has fallen to the …
State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling
State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling
Law Faculty Scholarly Articles
For many years there has been some controversy over whether an individual has the right to endanger himself if his conduct threatens no direct harm to others. This issue has come up in a number of contexts including committing suicide, wearing a helmet while riding a motorcycle, engaging in endurance contests, and refusing a medically indicated blood transfusion. Recently it was raised again when the Holiness Church of God in Jesus Name in the mountains of Tennessee went to court over the right of its members to drink poison. On September 8, 1975, the Supreme Court of Tennessee handed down …