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Full-Text Articles in Commercial Law

Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel Oct 2014

Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel

Jessica Gabel Cino

No abstract provided.


Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein Aug 2014

Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether a mechanic or materialman must prove either that the materials were only delivered for use or whether the materials were actually used for the property in order to establish a lien on the property; (2) whether a property subject to a lien may still be sold where a surety bond has been posted, or whether the lien judgment should be satisfied from the surety bond.


New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Iii, Gerald Lebovits May 2014

New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Iii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo Mar 2014

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Ii, Gerald Lebovits Feb 2014

New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part I, Gerald Lebovits Jan 2014

New York State Commercial Landlord-Tenant Law And Procedure: A Primer—Part I, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


When Does Some Federal Interest Require A Different Result?: An Essay On The Use And Misuse Of Butner V. United States, Juliet Moringiello Dec 2013

When Does Some Federal Interest Require A Different Result?: An Essay On The Use And Misuse Of Butner V. United States, Juliet Moringiello

Juliet M Moringiello

Thousands of judges and scholars have relied on the statement in the 1979 Supreme Court opinion in Butner v. United States that “property interests are created and defined by state law . . . unless some federal interest requires a different result.” Often, they cite to the statement as a policy constraint that elevates state property law over federal bankruptcy law. This Essay, written for the American Bankruptcy Institute – University of Illinois Symposium on Chapter 11 Reform, posits that the Butner rule is not as broadly applicable as commonly believed. To do so, the Essay surveys some notable uses …


Muddying The Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority In Condominium Foreclosures, Andrea Boyack, William E. Foster Dec 2013

Muddying The Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority In Condominium Foreclosures, Andrea Boyack, William E. Foster

William E Foster

Intentionally or not, every state’s law regarding lien priority and post-foreclosure liability allocates risk between mortgage lenders and privately governed “common interest communities” (CICs), such as condominiums. When lenders secure their interests with mortgages on property within a CIC, the mortgages may compete against the CIC’s interests for primacy in the lien hierarchy. Modern state regimes typically delineate the respective rights of mortgagees and CIC associations according to lien-priority statutes. Older condominium-enabling statutes, however, do not address CIC lien priority directly and speak only to continuing joint and several liability for subsequent purchasers. These older and more ambiguous statutes do …