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Articles 1 - 14 of 14
Full-Text Articles in Securities Law
Reforming The True-Sale Doctrine, Heather Hughes
Reforming The True-Sale Doctrine, Heather Hughes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Five Decades Of Corporation Law - From Conglomeration To Equity Compensation, Richard A. Booth
Five Decades Of Corporation Law - From Conglomeration To Equity Compensation, Richard A. Booth
Working Paper Series
This brief essay recounts developments in corporation law over the last fifty years. It begins with the rise of finance capitalism and the conglomerate corporation which was followed by the emergence of hostile takeovers in the late 1970s and 1980s. One of the key events in this saga was the February 1, 1983 decision by the Delaware Supreme Court in Weinberger v. UOP, Inc. that effectively permitted the at-will elimination of minority stockholders through cashout mergers. Takeovers were also facilitated by two major financial developments: (1) the growth of institutional investors coupled with the growing taste of diversified investors for …
The Paulson Report Reconsidered: How To Fix Securities Litigation By Converting Class Actions Into Issuer Actions, Richard A. Booth
The Paulson Report Reconsidered: How To Fix Securities Litigation By Converting Class Actions Into Issuer Actions, Richard A. Booth
Working Paper Series
This short essay considers the findings and recommendations of the Paulson Report relating to securities fraud class actions under the 1934 Act and Rule 10b-5. While the report exposes numerous problems with securities litigation in the United States, it understates the problems inherent in stock-drop actions. As a result, the report fails to propose an effective fix. As the report recognizes, diversified investors gain nothing from stock-drop actions: Because the corporation pays, holders effectively reimburse buyers and sellers keep their gains. In other words, the system suffers from circularity akin to a game of musical chairs in that stock-drop actions …
Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris
Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris
All Faculty Scholarship
No abstract provided.
Filing And Enforcement Under Revised Article 9, (With C. Mooney, Jr.)., Steven L. Harris
Filing And Enforcement Under Revised Article 9, (With C. Mooney, Jr.)., Steven L. Harris
All Faculty Scholarship
No abstract provided.
How Successful Was The Revision Of U.C.C. Article 9?: Reflections Of The Reporters,(With C. Mooney, Jr.)., Steven L. Harris
How Successful Was The Revision Of U.C.C. Article 9?: Reflections Of The Reporters,(With C. Mooney, Jr.)., Steven L. Harris
All Faculty Scholarship
No abstract provided.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, (With C. Mooney, Jr.). , Steven L. Harris
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
Negotiability, Electronic Commercial Practices, And A New Structure For The Ucc Article 9 Filing System: Tapping The Private Market For Information Technology, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann
LLM Theses and Essays
In contrast to the public-notice filing system under U.C.C. Article 9, the modern German law of securities in personal property lacks publicity of security interests. The German courts have developed a mesh of priority rules exhaustively described in this analysis. Despite the costs and risks arising under the formal filing system, the U.C.C. accomplishes a preferable balance of interests involved in secured transactions. It assures certainty to creditors about the priority of security interests in particular assets, whereas the German law comprehensively recognizes the debtor’s interest in the secrecy of the transaction and the need for external capital. Regarding the …
A Property-Based Theory Of Security Interests: Taking Debtors' Choices Seriously, (With C. Mooney, Jr.). , Steven L. Harris
A Property-Based Theory Of Security Interests: Taking Debtors' Choices Seriously, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
The Article 9 Study Committee Report: Strong Signals And Hard Choices, (With C. Mooney, Jr.). , Steven L. Harris
The Article 9 Study Committee Report: Strong Signals And Hard Choices, (With C. Mooney, Jr.). , Steven L. Harris
All Faculty Scholarship
No abstract provided.
The Interaction Of Articles 6 And 9 Of The Uniform Commercial Code: A Study In Conveyancing, Priorities, And Code Interpretation, Steven L. Harris
The Interaction Of Articles 6 And 9 Of The Uniform Commercial Code: A Study In Conveyancing, Priorities, And Code Interpretation, Steven L. Harris
All Faculty Scholarship
No abstract provided.
Non-Negotiable Certificates Of Deposit: An Article 9 Problem, Steven L. Harris
Non-Negotiable Certificates Of Deposit: An Article 9 Problem, Steven L. Harris
All Faculty Scholarship
No abstract provided.