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A Theory Of Contractual Debt Subordination And Lien Priority, David G. Carlson May 1985

A Theory Of Contractual Debt Subordination And Lien Priority, David G. Carlson

Articles

The article advocates for treating debt subordination agreements as assignments of debt rather than subjecting them to Article 9 of the Uniform Commercial Code (UCC). This approach would align subordination with economic principles, simplify legal handling, and protect senior creditors' interests by ensuring they receive double dividends in bankruptcy. The author critiques current judicial interpretations that fail to recognize this distinction, leading to unfair outcomes and complicating creditor rights. The proposed framework would clarify debt ownership, dividend distribution, and security interest transfers, while also addressing tax implications and voting rights in reorganizations. The article emphasizes the need for legislative exemptions, …


He Is Risen As He Said, Elmer L. Towns Apr 1985

He Is Risen As He Said, Elmer L. Towns

Articles

No abstract provided.


How Social Is The Gospel, Elmer L. Towns Apr 1985

How Social Is The Gospel, Elmer L. Towns

Articles

No abstract provided.


Isaiah: Shakespeare Of The Prophets, Harold Willmington Apr 1985

Isaiah: Shakespeare Of The Prophets, Harold Willmington

Articles

No abstract provided.


Paternalism, James W. Nickel Apr 1985

Paternalism, James W. Nickel

Articles

No abstract provided.


Deuteronomy: A Book Of Instruction, Harold Willmington Mar 1985

Deuteronomy: A Book Of Instruction, Harold Willmington

Articles

No abstract provided.


Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk Mar 1985

Freedom From Freedom Of Contract: The Enduring Value Of Servitude Restrictions, Stewart E. Sterk

Articles

The article examines the legal and policy implications of enforcing contractual servitudes that bind successors-in-interest to land, arguing that unrestricted enforcement could lead to significant externalities and transaction costs. While Richard Epstein advocates for maximal contractual freedom, the analysis highlights the need for doctrinal limitations to protect future generations and public interests. The article critiques existing doctrines like the touch and concern requirement, changed conditions doctrine, and durational limitations, proposing reforms to balance private autonomy with broader societal concerns.


How To Read, Remember, And Enjoy More, Elmer L. Towns Feb 1985

How To Read, Remember, And Enjoy More, Elmer L. Towns

Articles

No abstract provided.


Acts: The Birth Of The Bride, Harold Willmington Feb 1985

Acts: The Birth Of The Bride, Harold Willmington

Articles

No abstract provided.


Nonparametric Receiver For Fh-Mfsk Mobile Radio, R. Viswanathan, S. C. Gupta Feb 1985

Nonparametric Receiver For Fh-Mfsk Mobile Radio, R. Viswanathan, S. C. Gupta

Articles

Various parametric receivers such as the maximum likelihood and the hard-limiter have been analyzed for their performance in decoding the frequency hopped multilevel FSK (FH-MFSK) messages in mobile environment. Here, some nonparametric receivers such as the maximum rank sum receiver (MRSR) and the reduced rank sum receiver (RRR) are considered. RRR and MRSR are nearly identical in performance, but the former is much simpler to implement. The results indicate that RRR is a competing alternative to the parametric receivers.


Are Independent Baptist Churches In A Post-Revival Era, Elmer L. Towns Jan 1985

Are Independent Baptist Churches In A Post-Revival Era, Elmer L. Towns

Articles

No abstract provided.


1 And 2 Corinthians: God's Prescription For The Local Church, Harold Willmington Jan 1985

1 And 2 Corinthians: God's Prescription For The Local Church, Harold Willmington

Articles

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton

Articles

No abstract provided.


Positive And Normative Elements In Legal Education, Richard A. Epstein Jan 1985

Positive And Normative Elements In Legal Education, Richard A. Epstein

Articles

No abstract provided.


Two Fallacies In The Law Of Joint Torts, Richard A. Epstein Jan 1985

Two Fallacies In The Law Of Joint Torts, Richard A. Epstein

Articles

No abstract provided.


The Uncertain Quest For Welfare Rights, Richard A. Epstein Jan 1985

The Uncertain Quest For Welfare Rights, Richard A. Epstein

Articles

No abstract provided.


Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz Jan 1985

Wrongful Possession Of Chattels: Hornbook Law And Case Law, Richard H. Helmholz

Articles

No abstract provided.


Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler Jan 1985

Mediation With A Mugger: The Shortage Of Adjudicative Services And The Need For A Two-Tier Trial System In Civil Cases, Albert W. Alschuler

Articles

No abstract provided.


The German Advantage In Civil Procedure, John H. Langbein Jan 1985

The German Advantage In Civil Procedure, John H. Langbein

Articles

No abstract provided.


Repeal Of The 'Earnings & Profits' Concept: The Limitation Of The Extent To Which Dividends Will Be Taxed As Ordinary Income, Walter J. Blum Jan 1985

Repeal Of The 'Earnings & Profits' Concept: The Limitation Of The Extent To Which Dividends Will Be Taxed As Ordinary Income, Walter J. Blum

Articles

No abstract provided.


Method, Result, And Authority: A Reply, Frank H. Easterbrook Jan 1985

Method, Result, And Authority: A Reply, Frank H. Easterbrook

Articles

No abstract provided.


Book Review (Reviewing Moffatt Hancock, Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles (1984)), David P. Currie Jan 1985

Book Review (Reviewing Moffatt Hancock, Studies In Modern Choice-Of-Law: Torts, Insurance, Land Titles (1984)), David P. Currie

Articles

No abstract provided.


Dividend Distribution Proposals: The Dividends Received Deductions By Corporations And Related Matters Proceedings Of The University Of San Diego Corporate Tax Conference, Walter J. Blum, Howard G. Krane, Lawrence M. Stone Jan 1985

Dividend Distribution Proposals: The Dividends Received Deductions By Corporations And Related Matters Proceedings Of The University Of San Diego Corporate Tax Conference, Walter J. Blum, Howard G. Krane, Lawrence M. Stone

Articles

No abstract provided.


Fraudulent Conveyance Law And Its Proper Domain, Douglas G. Baird, Thomas H. Jackson Jan 1985

Fraudulent Conveyance Law And Its Proper Domain, Douglas G. Baird, Thomas H. Jackson

Articles

No abstract provided.


Book Review (Reviewing Kenneth Pennington, Pope And Bishops: The Papal Monarchy In The Twelfth And Thirteenth Centuries (1984)), Richard H. Helmholz Jan 1985

Book Review (Reviewing Kenneth Pennington, Pope And Bishops: The Papal Monarchy In The Twelfth And Thirteenth Centuries (1984)), Richard H. Helmholz

Articles

No abstract provided.


Afterword: Knowledge And Answers, Frank H. Easterbrook Jan 1985

Afterword: Knowledge And Answers, Frank H. Easterbrook

Articles

No abstract provided.


Limited Liability And The Corporation, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Limited Liability And The Corporation, Frank H. Easterbrook, Daniel R. Fischel

Articles

Limited liability is a fundamental principle of corporate law. Yet liability has never been absolutely limited. Courts occasionally allow creditors to "pierce the corporate veil," which means that shareholders must satisfy creditors' claims. "Piercing" seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled. There is a consensus that the whole area of limited liability, and conversely of piercing the corporate veil, is among the most confusing in corporate law.1 We argue to the contrary that economic analysis-in particular the theory of the firm and the economics of insurance-explains the legal treatment of limited liability. Both the rules …


Optimal Damages In Securities Cases, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Optimal Damages In Securities Cases, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel Jan 1985

Close Corporations And Agency Costs, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams Jan 1985

Tying Privacy In Knotts: Beeper Monitoring And Collective Fourth Amendment Rights, Richard H. Mcadams

Articles

No abstract provided.