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- U.C.C Artcle 9 § 9-312(5) (1)
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Articles 1 - 8 of 8
Full-Text Articles in Law
Soft And Hard Strategies: The Role Of Business In The Crafting Of International Commercial Law, Susan Block-Lieb
Soft And Hard Strategies: The Role Of Business In The Crafting Of International Commercial Law, Susan Block-Lieb
Faculty Scholarship
Part I returns to the classic definition of hard international law initially put forward by Kenneth Abbott and Duncan Snidal and related IR scholars and analyzes existing commercial law treaties in light of this definition. It concludes that virtually none of these commercial law treaties constitute “hard” international law because nearly all commercial law treaties rely on national courts for enforcement. But Abbott and Snidal’s focus on the extent to which international law is legalized—and especially the extent to which it is enforced by international actors—may matter less with commercial than other more public international lawmaking. This is because the …
Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley
Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld
Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld
Faculty Scholarship
The Bank Holding Company Act of 1956 (BHCA) "regulates the acquisition of state and national banks by bank holding companies." The BHCA also regulates the nonbanking activities of bank holding companies and their nonbank subsidiaries. The BHCA was enacted and remains on the books for two fundamental reasons: 1) to prevent undue concentration in banking; and 2) to avoid the mixing of banking with other businesses unrelated to banking (generally called "commerce"). Both of these purposes have been or are being discredited, and it is time to ask whether the BHCA should be repealed. On several levels, banking is combined …
But The Proposed Uniform Commercial Code Was Adopted Is The Ucc Dead, Or Alive And Well, Carl Felsenfeld
But The Proposed Uniform Commercial Code Was Adopted Is The Ucc Dead, Or Alive And Well, Carl Felsenfeld
Faculty Scholarship
The oldest living resident may recognize that the title above is de- rived from an article written by Professor Frederick K. Beutel of the Yale Law School, which appeared in the 1952 Yale Law Journal. Professor Beutel began his article by stating that the UCC should not be adopted and concluded by advising that it would "mark the beginning of the end of fairness and uniformity in the commercial law." Beutel's advice was not taken, and, with relatively modest modifications, the UCC has been adopted in all states. This Essay investigates whether Professor Beutel's concerns were justified.
Strange Bedfellows For Electronic Funds Transfers: Proposed Article 4a Of The Uniform Commercial Code And The Uncitral Model Law Symposium: Revised U.C.C. Articles 3 &(And) 4 And New Article 4a, Carl Felsenfeld
Faculty Scholarship
Two pieces of proposed legislation that will affect the same subject matter are proceeding down parallel tracks. If all goes as planned, the tracks will at some time turn inward and there may be a collision. Each piece has as its core concern the subject of electronic funds transfers ("EFTs"), the modern device that has overtaken checks as the principal form of money transfer.' Basically, however, before the promulgation of Article 4A there was no legislation, either in the United States or abroad, that governed EFTs in the way that Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") …
Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld
Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld
Faculty Scholarship
An important problem confronting those in the consumer credit industry is the absence of a cohesive body of law. This impairs creditors of all types and also results in unequal treatment of consumers. In a comprehensive study Mfr. Felsenfeld analyzes the evolution from purely state regulation of consumer credit to a combination of state and federal control. The author suggests that, despite certain merits of local regulation, the consumer credit area may well be preempted by future federal legislation.
Knowledge As A Factor In Determinig Priorities Under The Uniform Commercial Code , Carl Felsenfeld
Knowledge As A Factor In Determinig Priorities Under The Uniform Commercial Code , Carl Felsenfeld
Faculty Scholarship
Before the Uniform Commercial Code, a second secured party could not perfect his interest over a prior unperfected interest if he had knowledge of that prior interest. The Code, in contrast, promulgates a basic "first-to-file" priority rule in section 9-312(5). In this sharp departure from prior law, the knowledge factor is omitted. Other sections of Article 9, however, allude to certain aspects of the pre-Code knowledge requirements. Mr. Felsenfeld analyses the difficulties and incongruities which may arise from this lack of explicitness with regard to knowledge of prior security interests. He concludes that the courts may and should reconcile such …
Some Ruminations About Remedies In Consumer-Credit Transactions , Carl Felsenfeld
Some Ruminations About Remedies In Consumer-Credit Transactions , Carl Felsenfeld
Faculty Scholarship
The draftsmen of the Uniform Consumer Credit Code (herein- after the Credit Code) have thus far directed most of their time and effort to establishing a permissive pattern within which creditors give and debtors receive credit. Spokesmen for both sides, as well as distinguished neutral parties, have carefully described the terms under which credit may be granted, the rates that may be charged, and many other elements of the credit transaction. These statutory requirements will significantly influence the size and scope of the debtor community and will undoubtedly set the future pattern for consumer-credit transactions. Thus, these permissive, or authorizing, …