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Articles 61 - 64 of 64
Full-Text Articles in Law
Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian M. Mccall
Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian M. Mccall
Brian M McCall
Since I first accepted an invitation to join this symposium, the subprime mortgage crisis has exploded into a systemic financial crisis. Analysis and pundits alike seem on a quest to outdo each other in using dramatic phrases to describe its historic proportions. The causes of a crisis so large must have a multiplicity of causes lying in the realms of bank regulation and supervision, the operation and regulation of the securitization market and the derivatives and insurance markets. Yet, the root and spark of the various financial reverberations initiated in the home mortgage finance market. My presentation will focus on …
It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian M. Mccall
It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian M. Mccall
Brian M McCall
For decades scholars have been debating whether of not the institution of security can be explained and justified. After much discussion from varying points of view and hermeneutics, although some insights have been gained, the answer to the original question remains unresolved. This article attempts to bring new life to this debate by building on Professors Mooney and Harris’ idea of security interest as property right while taking account of the valid concerns of scholars such as Elizabeth Warren and Lyn Lopucki that certain results produced by the current system seem unjust. This reconciliation of these two strands of secured …
The Work Of The Oklahoma Bar Uniform Laws Committee: Oklahoma Enacts Ucc Article 3 And 4 And 4a Amendments, Alvin C. Harrell, Frederick H. Miller
The Work Of The Oklahoma Bar Uniform Laws Committee: Oklahoma Enacts Ucc Article 3 And 4 And 4a Amendments, Alvin C. Harrell, Frederick H. Miller
Alvin C. Harrell
No abstract provided.
Ucc Breach Of Warranty And Contract Claims: Clarifying The Distinction, Timothy Davis
Ucc Breach Of Warranty And Contract Claims: Clarifying The Distinction, Timothy Davis
Timothy Davis
This article examines the existing legal framework that governs UCC Article 2 breach of warranty and breach of contract claims. After enumerating the circumstances that give rise to a buyer’s breach of contract in contrast to a breach of warranty claim, the Article examines cases that illustrate the practical and theoretical significance attached to understanding that breach of warranty and breach of contract constitute distinct causes of action. The Article then argues that although courts acknowledge the distinct nature of these two claims, judicial understanding of the distinction is often superficial. Focusing on Code provisions that govern disclaimers of implied …