Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Commercial Law (10)
- Commercial law (7)
- Internet (4)
- Bankruptcy (2)
- Contracts (2)
-
- Cyberspace (2)
- Business law (1)
- Chapter 13 Bankruptcy (1)
- Credit cards (1)
- Creditors (1)
- Data breaches (1)
- Debit cards (1)
- Domain names (1)
- Equitable subordination (1)
- Foreclosures (1)
- Home mortgages (1)
- Identity theft (1)
- Internet law (1)
- Mortgage modification (1)
- Payment systems (1)
- Subprime lending (1)
- Ucc (1)
- Uniform commercial code (1)
- Warranties (1)
- Publication Year
- File Type
Articles 1 - 12 of 12
Full-Text Articles in Law
When Does Some Federal Interest Require A Different Result?: An Essay On The Use And Misuse Of Butner V. United States, Juliet Moringiello
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 and misuses of the …
When Does Some Federal Interest Require A Different Result?: An Essay On The Use And Misuse Of Butner V. United States, Juliet Moringiello
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 …
Internet Law For The Business Lawyer, Juliet Moringiello
Internet Law For The Business Lawyer, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet Moringiello
Mortgage Modification, Equitable Subordination, And The Honest But Unfortunate Creditor, Juliet Moringiello
Juliet M Moringiello
Mortgage foreclosures are at an all-time high and property values in many parts of the country have declined precipitously. Yet bankruptcy, which is often a last resort for individuals in financial distress, provides little relief to a homeowner who finds that her mortgage debt exceeds the value of her home. The reason for bankruptcy’s inadequacy in this regard is the Bankruptcy Code’s prohibition on the modification of home mortgages, a prohibition that became part of bankruptcy law in 1978, when most home mortgage loans were 30-year fixed rate loans made by savings and loan associations. While most secured loans can …
Warranting Data Security, Juliet Moringiello
Warranting Data Security, Juliet Moringiello
Juliet M Moringiello
Massive data security breaches have grabbed headlines in the past few years. The data thieves responsible for these breaches have stolen the credit and debit card data of customers of retailers such as TJ Maxx, DSW Shoe Warehouse, BJ’s Wholesale Club, and the Hannaford grocery store chain. A thief in control of this payment card data, which can include debit and credit card numbers, expiration dates, security codes and personal identification numbers, has the ability to open new credit accounts and make charges on existing consumer accounts. These data breaches leave individuals fearful that their personal information will be used …
Why Foreclosure Robo-Signers Should Be Everyone's Concern, Juliet Moringiello
Why Foreclosure Robo-Signers Should Be Everyone's Concern, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Our Mini-Theme: O Canada, Juliet Moringiello
Our Mini-Theme: O Canada, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Cyberspace Law Survey: Introduction, Juliet Moringiello, Michael Fleming
Cyberspace Law Survey: Introduction, Juliet Moringiello, Michael Fleming
Juliet M Moringiello
No abstract provided.
Contracts, Payments And What To Do With All That Data: Introduction To The 2006 Cyberspace Survey, Juliet Moringiello
Contracts, Payments And What To Do With All That Data: Introduction To The 2006 Cyberspace Survey, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Grasping Intangibles: Domain Names And Creditors’ Rights, Juliet Moringiello
Grasping Intangibles: Domain Names And Creditors’ Rights, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Priorities Under Revised Article 9 Of The Uniform Commercial Code, Juliet Moringiello
Priorities Under Revised Article 9 Of The Uniform Commercial Code, Juliet Moringiello
Juliet M Moringiello
No abstract provided.