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The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
The Art Investment Contract: Application Of Securities Law To Art Purchases, Maureen Holm
Fordham Urban Law Journal
This article examines art transactions as investment contracts. It posits that the art investor could benefit from the same preventive and remedial regulations imposed upon conventional investment transactions, describing and analyzing the five principal types of art transactions. It then explores the substantive concerns facing the art investor and existing protections, in comparison to the protections available to the investor in conventional securities investments. The article then analyzes the proposition that art transactions typically constitute investment contracts in light of Supreme Court decisions on the topic. Finally, the article discusses the current position of the Securities and Exchange Commission ("SEC") …
The Uniform Commerical Code As Federal Law: United States V. Kimbell Foods, Inc., Louis S. Robin
The Uniform Commerical Code As Federal Law: United States V. Kimbell Foods, Inc., Louis S. Robin
Fordham Urban Law Journal
This Note examines the origins, history, and current standing of federal common law in light of the U.S. Supreme Court's decision Eerie Railroad v. Tompkins. Furthermore, the Note will look to see the impact of state law and the Uniform Commercial Code in the creation of federal common law. Finally, the Note will analyze how the U.S. Supreme Court's decision, U.S. v. Kimbell Foods, Inc., impacts the use of the U.C.C. as federal law.