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Full-Text Articles in Law
Securing Derivatives Obligations With California Real Estate - Selected Enforcement Issues, William L. Harvey
Securing Derivatives Obligations With California Real Estate - Selected Enforcement Issues, William L. Harvey
UC Law Business Journal
California's complex real estate security laws have long presented challenges to real estate-secured creditors, which have resulted in a deep and rich body of case law. Nevertheless, derivatives creditors wishing to use California real estate as collateral must face, without the benefit of definitive case law guidance, a variety of unique and novel legal issues. It is anticipated that such case law guidance, when it arrives, will give due consideration to the special documentation and policy issues surrounding derivatives and, having done so, conclude that close-out netting does not contravene section 726's security-first rule, and that section 2924c does not …
Bursting The Speculation Buying Bubble: Modifications To The Capital Gains Provision And The 1031 Exchange Rule, Catherine L. Pollina
Bursting The Speculation Buying Bubble: Modifications To The Capital Gains Provision And The 1031 Exchange Rule, Catherine L. Pollina
UC Law Business Journal
The United States' commercial real estate market has been a booming business for the last few decades. Presently, real estate prices are growing faster than the economy itself, and this existing investment climate has led to a potentially dangerous trend of speculative buying. This note addresses the economic hazards of this trend, then proposes a modification of the tax code dealing with commercial real property as an effective remedy for the current situation. This note explores the intended economic effects of the remedy and explains why it will be effective in moderating speculative buying in the United States.
Is Silence Really Golden - Assumption And Assignment Of Intellectual Property Licenses In Bankruptcy, Neil S. Hirshman, Michael G. Fatall, Peter M. Spingola
Is Silence Really Golden - Assumption And Assignment Of Intellectual Property Licenses In Bankruptcy, Neil S. Hirshman, Michael G. Fatall, Peter M. Spingola
UC Law Business Journal
A debtor-licensee often desires to assume or assume and assign intellectual property licenses to which it is a party-an action to which the non-debtor licensor may object. This article examines a debtor-licensee's ability to assume and assign such licenses in the context of bankruptcy. Courts that have considered the issue have held that, notwithstanding the general authority granted under 11 U.S.C. § 365, consent is likely required before a debtor-licensee can assume and assign a non-exclusive patent license, copyright license, or a trademark license if any such license contains an express restriction on assignment or is silent on the issue. …
Questioning The Per Se Standard In Cases Of Concerted Monopsony, Alan Devlin
Questioning The Per Se Standard In Cases Of Concerted Monopsony, Alan Devlin
UC Law Business Journal
Instances in which purchasers collude to depress price raise complex enforcement issues if one adheres literally to the widely accepted consumer welfare standard in antitrust analysis. One might imagine that reduced input costs above will translate into lower prices below. However, in-depth economic analysis reveals a counter-intuitive insight: the reduction in price upstream may lead to an inefficient supply-side substitution in production, resulting in higher levels of marginal cost and, hence, downstream prices. Whether downstream harm to consumers ultimately transpires depends on a host of variables including the price elasticity of demand facing sellers in the downstream market, the upstream …