Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 54 of 54

Full-Text Articles in Law

The Law And Economics Of Consumer Finance, Richard M. Hynes, Eric A. Posner Apr 2002

The Law And Economics Of Consumer Finance, Richard M. Hynes, Eric A. Posner

Faculty Publications

No abstract provided.


Optimal Bankruptcy In A Non-Optimal World, Richard M. Hynes Jan 2002

Optimal Bankruptcy In A Non-Optimal World, Richard M. Hynes

Faculty Publications

Consumer bankruptcy insures individuals against misfortune. Like other forms of insurance, bankruptcy reduces an individual's incentive to guard against misfortune and provides her with an incentive to overstate her need for relief. The "first-best," or optimal, bankruptcy system, like the first-best tax or public assistance system, solves these moral hazards without any loss of efficiency. In bankruptcy, this first-best approach would deny relief to debtors responsible for their own distress and reduce the deserving debtors' obligations to an amount commensurate with their ability to pay. While the Bankruptcy Code tries (in part) to follow this first-best approach, such a utopian …


Looking At Communities And Markets, Lan Cao Jan 1999

Looking At Communities And Markets, Lan Cao

Faculty Publications

No abstract provided.


To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson Jan 1998

To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala Jan 1997

Equilibrium Theory, The Ficas Model, And International Banking Law, Raj Bhala

Faculty Publications

No abstract provided.


Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala Oct 1996

Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala

Faculty Publications

No abstract provided.


International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala Jan 1996

International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala

Faculty Publications

No abstract provided.


Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala Jan 1995

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …


The Inverted Pyramid Of Wire Transfer Law, Raj Bhala Jan 1994

The Inverted Pyramid Of Wire Transfer Law, Raj Bhala

Faculty Publications

No abstract provided.


Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala Jan 1994

Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala

Faculty Publications

No abstract provided.


Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala Jan 1994

Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala

Faculty Publications

Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …


Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer Jul 1992

Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer

Faculty Publications

No abstract provided.


Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces Jan 1991

Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces

Faculty Publications

No abstract provided.


Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces Jul 1986

Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces

Faculty Publications

No abstract provided.


Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces Oct 1983

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Faculty Publications

No abstract provided.


The Uniform Commercial Code And The Certificateless Society, Thomas H. Jolls Jan 1971

The Uniform Commercial Code And The Certificateless Society, Thomas H. Jolls

Faculty Publications

No abstract provided.


Can We Do Without Stock Certificates? A Look At The Future, Thomas H. Jolls Jul 1968

Can We Do Without Stock Certificates? A Look At The Future, Thomas H. Jolls

Faculty Publications

No abstract provided.


Equity (1959-1967), Dudley Warner Woodbridge Jan 1968

Equity (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.


Equity, Dudley Warner Woodbridge Jan 1968

Equity, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.


The Development Of State Statutes On Negotiable Paper Prior To The Negotiable Instruments Law, Frederick K. Beutel Jan 1940

The Development Of State Statutes On Negotiable Paper Prior To The Negotiable Instruments Law, Frederick K. Beutel

Faculty Publications

No abstract provided.


Indorsements After Maturity And The "New Bill" Doctrine, Joseph M. Cormack, Bruce Browne May 1935

Indorsements After Maturity And The "New Bill" Doctrine, Joseph M. Cormack, Bruce Browne

Faculty Publications

No abstract provided.


Indorsement After Maturity And The "New Bill" Doctrine, Joseph M. Cormack, Bruce Browne Jan 1935

Indorsement After Maturity And The "New Bill" Doctrine, Joseph M. Cormack, Bruce Browne

Faculty Publications

No abstract provided.


The Legal Tender Cases - A Drama Of American Legal And Financial History, Joseph M. Cormack Jan 1929

The Legal Tender Cases - A Drama Of American Legal And Financial History, Joseph M. Cormack

Faculty Publications

No abstract provided.


For The United States' Telegraph, N. Beverley Tucker Mar 1833

For The United States' Telegraph, N. Beverley Tucker

Faculty Publications

No abstract provided.