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Lashed To The Mast And Crying For Help, Kurt Eggert
Lashed To The Mast And Crying For Help, Kurt Eggert
Kurt Eggert
This article is an attempt to solve one of the central conundrums of consumer protection and the protection of elders: how to provide protection to those consumers and elderly who need it without unduly restricting the rights and freedom of those who do not need or want the limitations of autonomy that added protection might bring. The article starts by analyzing autonomy itself and how philosophers and others have defined and described autonomy. Autonomy does not consist of mere lack of restraints or in a multiplicity of options. Instead, a crucial element of autonomy is the ability to make considered …
Held Up In Due Course: Predatory Lending, Securitization, And The Holder In Due Course Doctrine, Kurt Eggert
Held Up In Due Course: Predatory Lending, Securitization, And The Holder In Due Course Doctrine, Kurt Eggert
Kurt Eggert
This second article of a two-article set analyzes the conjunction of the holder in due course doctrine, securitization of residential mortgages and predatory lending. Predatory and deceptive lending, widely documented in the media and in Congressional and regulatory hearings, is the practice by unscrupulous lenders of originating loans at above-market rates through deceptive practices or undue influence or by taking advantage of the ignorance, desperation, or susceptibility to fraud of borrowers. These lenders have been targeting primarily elderly, poor and minority borrowers throughout the country. Even worse, these practices have been funded by Wall Street. This article explains how predatory …
Held Up In Due Course: Codification And The Victory Of Form Over Intent In Negotiable Instrument Law, Kurt Eggert
Held Up In Due Course: Codification And The Victory Of Form Over Intent In Negotiable Instrument Law, Kurt Eggert
Kurt Eggert
This first article of two articles on the holder in due course doctrine traces the history of the development of negotiable instrument law and the changing roles that the form of the instrument and the intent of the maker play in that law. The article describes the forgotten role that the intent of the maker of a note originally played in the development of negotiable instrument law. Almost universally, scholars have concluded that the codification of negotiable instrument law did not significantly change the common law regarding negotiability, but merely preserved it. Instead, this article shows that the codification of …