Law Commons^™

Disrupting Secured Transactions, Christopher G. Bradley

Law Faculty Scholarly Articles

Article 9 of the Uniform Commercial Code (UCC) governs secured transactions in personal property in all fifty states and has been lauded as “the most successful commercial statute ever.” But while Article 9 has facilitated commerce and economic growth, it remains complicated and inefficient in numerous respects. Its weaknesses are well known but have been considered necessary evils, accepted because no better approaches were available. But just as the UCC was motivated initially by the idea of streamlining the law to accommodate modern commerce, now that goal should motivate revision of the UCC itself.

This Article proposes to remove and …

Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts, Veronica J. Finkelstein

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

25th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 25th Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2005.

The Impact Of Revised Article 9, Lois R. Lupica

Kentucky Law Journal

No abstract provided.

11th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 11th Biennial Judge Joe Lee Bankruptcy Institute held May 2003.

22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 22nd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2002.

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

Consumer Bankruptcy Update, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Sandra D. Freeburger, Thomas L. Canary, Ann E. Samani, W. Thomas Bunch, David M. Cantor, Jan C. Morris, Beverly M. Burden, William W. Lawrence, Lisa Koch Bryant, Dean A. Langdon, Joan Lloyd Cooper, Henry H. Dickinson, William S. Howard, Joseph M. Scott Jr., Joe Lee, C.R. Bowles Jr., Alan C. Stout, James D. Lyon, Sandra D. Freeburger, Geneva F. Parris, Joseph J. Golden, John R. Stonitsch, Hal D. Friedman, Gregory R. Schaaf, Richard H. Nowka, Christopher W. Frost, Scott A. Bachert, Michael L. Baker, Cathy S. Pike

Continuing Legal Education Materials

Materials from the Consumer Bankruptcy Update presentations held by UK/CLE in December 2000.

20th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Program and materials from the 20th Annual Legal Issues for Financial Institutions Conference held by UK/CLE in April of 2000.

15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn

Continuing Legal Education Materials

Program and materials from the 15th Annual Legal Issues for Financial Institutions Conference held by UK/CLE on March 10-11, 1995.

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Law Faculty Scholarly Articles

"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …

14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young

Continuing Legal Education Materials

Materials from the 14th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in March 1994.

A Quest For Justice In The Conversion Of Security Interests, Russell A. Hakes

Kentucky Law Journal

No abstract provided.

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

On Ending The Battle Of The Forms: Problems With Solutions, Corneill A. Stephens

Kentucky Law Journal

No abstract provided.

The Case To Be Made For Proposed Article 4a Of The Uniform Commercial Code: What's A Trillion Dollars Between Friends?!, Michael I. Spak

Kentucky Law Journal

No abstract provided.

Thoroughbred Certificate Law: A Proposal, Cary Robertson

Kentucky Law Journal

No abstract provided.

The Priority Race: Winner Takes The Horse, R. David Lester, David E. Fleenor

Kentucky Law Journal

No abstract provided.

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.

Kentucky Law Journal

No abstract provided.

Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.

Law Faculty Scholarly Articles

Uncertainty and confusion probably always have existed bout the employment of intellectual property as collateral for a loan. Since the drafting of Article 9 of the Uniform Commercial Code, an uneasy coexistence of state and federal law has developed. Both state and federal law now arguably apply when a debtor attempts to use a patent or trademark to secure a loan. The extent to which each body of law is applicable and the interaction between the two systems was left unclear by the drafters of Article 9 and has not been clarified by Congress. The radical differences between the state …

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …

Ucc Section 2-714(1) And The Lost-Volume Theory: A New Remedy For Middlemen?, John Hackley

Kentucky Law Journal

No abstract provided.

Article Two Warranties In Commercial Transactions: An Update, Kathryn L. Moore, Debra L. Goetz, Douglas E. Perry, David S. Rabb

Law Faculty Scholarly Articles

In 1978 the Cornell Law Review published a Special Project devoted to Article Two commercial warranties. Nine years have since elapsed, and we have decided to update and reassess this important area of the law. We have discovered that although judicial treatment of many aspects of Article Two warranty law has remained stable, in some instances the courts' treatment has progressed and in other instances it has become unclear. This Special Project is our attempt to assemble these changes, interpret the progress, and suggest new lines of analysis to clarify areas of conflict.

Seventh Annual Seminar On Legal Issues For Bank Counsel, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, C. Christopher Trower, William D. Roberts, Richard S. Holt, David C. Pottinger, Carl R. Page, Sherry F. Hardy, John T. Mcgarvey, William R. Mapother, Bankers Training And Consulting Company, Gregg Neal

Continuing Legal Education Materials

Outlines of speakers' presentations from the Seventh Annual Seminar on Legal Issues for Bank Counsel held on March 13-14, 1987.

Strict Liability For Chattel Leasing, Richard C. Ausness

Law Faculty Scholarly Articles

Leasing has become an increasingly popular substitute for outright purchases as a means of acquiring products for use. Few courts and commentators, however, have addressed the question of whether the principles of strict products liability which apply to sellers also apply to lessors. In this Article, Professor Ausness reviews the historical basis for imposing strict liability in tort on sellers and applies these rationales to five basic kinds of lease transactions. He concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands of the lessee (as contrasted with the …

Implied And Conditional Consent In The Sale Of Horse Shares Or Seasons, Sara Grinnell Smith

Kentucky Law Journal

No abstract provided.

The Uniform Commercial Code As Applied To Implied Warranties Of "Merchantability" And "Fitness" In The Sale Of Horses, John Alan Cohan

Kentucky Law Journal

No abstract provided.

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Law Faculty Scholarly Articles

In 1958 Kentucky became the third state to enact the Uniform Commercial Code promulgated by the American Law Institute and the National Conference of Commissioners on Uniform State Laws. The General Assembly stated that this legislation was intended to modernize, clarify and simplify the law of commercial transactions. Enactment of the Code also evidenced the legislature's intent to make Kentucky commercial law uniform with that of the other states. Subsequent General Assemblies further implemented these policies by enacting substantially all of the uniform amendments to the Code proposed by the ALI and NCCUSL through 1964.

Unfortunately, these enactments represent our …

Corporations And Corporate Agents: Liability On Commercial Paper Contracts And Attainment Of Holder Status, Harold R. Weinberg

Law Faculty Scholarly Articles

This article focuses on two classes of commercial paper issues. Section I considers the Uniform Commercial Code rules relevant to determining whether a corporation or its agents are bound by contracts made upon a negotiable instrument. Application of these rules continues to be an important and recurrent source of legal disputes. Section II considers the rights of corporations or their agents to obtain holder status prerequisite to enforcing commercial paper contracts. Problems relating to the attainment of this status can result from corporate engagement in joint-enterprise with artificial or natural persons and from the linkage of corporations through common ownership …

Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg

Law Faculty Scholarly Articles

Money debts are frequently paid by checks and evidenced by notes subject to Article Three of the Uniform Commercial Code. Financial institutions and other creditors ordinarily take these instruments with the expectation that they will be paid on time without resort to litigation. This expectation fails when the debtor or some other obligor on the instrument claims that its signature was unauthorized or that there is a defense against payment. This Article analyzes the Uniform Commercial Code rules concerning burdens of proof that apply to these disputes and gives consideration to related procedural and evidentiary questions. It concludes with some …