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Full-Text Articles in Law

An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers Oct 2011

An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers

James S. Rogers

As practices change, so too must the language and concepts that define and describe them. That is the lesson to be drawn from the past few decades’ work on the commercial law of investment securities. Article 8 is the first article of the Uniform Commercial Code to reach a third generation. There is the original version, the 1978 version, and now the 1994 version. The original version was based on the traditional system in which buyers and sellers effected transfer of securities by physical delivery of certificates. The 1978 version added new provisions dealing with “uncertificated securities.” Then the 1994 …


The Basic Principle Of Loss Allocation For Unauthorized Checks, James S. Rogers Oct 2011

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 …


Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers Oct 2011

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

James S. Rogers

No abstract provided.


The Myth Of Negotiability, James Steven Rogers Oct 2011

The Myth Of Negotiability, James Steven Rogers

James S. Rogers

No abstract provided.


Review Of Industrializing English Law: Entrepreneurship And Business Organization, 1720-1844, James S. Rogers Oct 2011

Review Of Industrializing English Law: Entrepreneurship And Business Organization, 1720-1844, James S. Rogers

James S. Rogers

No abstract provided.


Negotiability As A System Of Title Recognition, James S. Rogers Oct 2011

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 Oct 2011

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 Oct 2011

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 Oct 2011

Unification Of Payments Law And The Problem Of Insolvency Risk In Payment Systems, James S. Rogers

James S. Rogers

No abstract provided.


Indeterminacy And The Law Of Restitution, James S. Rogers Dec 2010

Indeterminacy And The Law Of Restitution, James S. Rogers

James S. Rogers

No abstract provided.


The Revision Of Canadian Law On Securities Holdings Through Intermediaries: Who, What, When, Where, How And Why?, James S. Rogers Dec 2006

The Revision Of Canadian Law On Securities Holdings Through Intermediaries: Who, What, When, Where, How And Why?, James S. Rogers

James S. Rogers

I'm delighted to have the opportunity to comment on the legislation that has recently been adopted in Ontario and Alberta to revise Canadian law in a fashion consistent with the changes that were made in U.S. law by Revised Article 8 of the Uniform Commercial Code (ucc).' I will concentrate on some of the new terminology and concepts used in the Securities Transfer Act (STA 2 and related revisions of the Personal Property Security Act (PPSA). The old newspaper device of "who, what, when, where, how, why" provides a useful tool for a survey of the approach taken by the …


Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers Oct 2004

Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers

James S. Rogers

No abstract provided.


Toward International Harmonization Of The Commercial Law Of The Modern Securities Holding And Transfer System: Some Reflection From The United States Article 8 Revision Project, James S. Rogers Dec 1995

Toward International Harmonization Of The Commercial Law Of The Modern Securities Holding And Transfer System: Some Reflection From The United States Article 8 Revision Project, James S. Rogers

James S. Rogers

Published by the Capital Markets Forum: Section on Business Law, International Bar Association


Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers Nov 1994

Revised Ucc Article 8: Why It's Needed, What It Does, James S. Rogers

James S. Rogers

No abstract provided.


Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers Aug 1994

Beyond G30: Update: A New Approach To The Commercial Law Of Securities Holding Through Intermediaries: The Proposed Revisions Of Article 8 Of The United States Uniform Commercial Code, James S. Rogers

James S. Rogers

No abstract provided.


Behind The Article 8 Ball, James S. Rogers Dec 1993

Behind The Article 8 Ball, James S. Rogers

James S. Rogers

No abstract provided.


Contracts And Commercial Law, James S. Rogers Dec 1980

Contracts And Commercial Law, James S. Rogers

James S. Rogers

No abstract provided.


Contracts And Commercial Law, James S. Rogers Dec 1979

Contracts And Commercial Law, James S. Rogers

James S. Rogers

No abstract provided.