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Full-Text Articles in Law
Negotiability, Property, And Identity, James S. Rogers
Negotiability, Property, And Identity, James S. Rogers
James S. Rogers
In this Article, Professor Rogers challenges the assumption that securities transfer law has always been based on negotiable certificates and suggests that the reign of negotiability is a relatively recent, and brief, phase in the long history of investment securities trading. Professor Rogers posits that the difficulties currently facing the law of securities transfers are in large part due to the transition from paper to electronic representations of investments. To place these challenges into perspective, Professor Rogers first surveys the history of securities trading and then examines the theoretical underpinnings of the law of securities transfers.
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 …
The Myth Of Negotiability, James Steven Rogers
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.