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Articles 1 - 12 of 12

Full-Text Articles in Law

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger Jan 2012

The Article 2 Merchant Rules: Karl Llewellyn's Attempt To Achieve The Good, The True, The Beautiful In Commercial Law, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Death And Resurrection Of Secured Credit, James J. White Jan 2004

Death And Resurrection Of Secured Credit, James J. White

Articles

The Bankruptcy Reform Act of 1978 (the Code) posed palpable threats to secured creditors. It was drafted by a commission that was at least as concerned with the rights of debtors as with the rights of creditors. It was modified and adopted by a Congress that might have been the most liberal since World War II and signed into law by President Carter at the apogee of the left's power, two years before the Reagan election that marked the rise of the right and the beginning of the left's decline. The power of the left was exerted most forcefully on …


Chuck And Steve's Peccadillo (Symposium: Threats To Secured Lending And Asset Securitization), James J. White Jan 2004

Chuck And Steve's Peccadillo (Symposium: Threats To Secured Lending And Asset Securitization), James J. White

Articles

Are investors in securitized receivables to be treated as the owners of an asset whose sale has taken it beyond the reach of the trustee in bankruptcy of their sellers? O are they to be treated as holders of a security interest in the transferred asset who have left behind an interest in the sellers' hands that would cause the asset to be subject to claims and interference by the sellers' grasping trustee? By adopting contrasting-arguably conflicting-statements in two subsections of a single section, the drafters of 1999 Article 9 have thrust this issue in the faces of courts and …


Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White Jan 1995

Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White

Articles

The other papers in this Symposium demonstrate that we have the technical capacity to build a filing system that will exceed the expectations of Grant Gilmore in every dimension.1 With more thought about what is put into the system and more clever software to get it out, the most sophisticated system possible under current technology will store and produce enough information about a debtor to give the ACLU a fright. All of the issues on improving the filing system are important, but I do not concern myself with any of them directly. I am here discuss a different question. In …


Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr. Aug 1993

Scope Of The Uniform Commercial Code: Advances In Technology And Survey Of Computer Contracting Cases, Harold R. Weinberg, Ameila H. Boss, William J. Woodward Jr.

Law Faculty Scholarly Articles

Since the 1940s, the technology revolution has enabled people to communicate electronically. Sitting at a computer terminal connected to a modem and a telephone wire, it is possible to send a message anywhere in the country (or throughout the world)—to another computer, to a telecopy or telefax machine, even to a telephone. Paper is being replaced by electronic signals as a mode of communication. This revolution calls into question some of the fundamental rules upon which our contracts and the U.C.C. were built. On a broader scale, electronic communication raises issues that include the rights and responsibilities of providers and …


Entrustment Under U.C.C. Section 2-403 And Its Implications For Article 9, John E. Cargill Jan 1987

Entrustment Under U.C.C. Section 2-403 And Its Implications For Article 9, John E. Cargill

Campbell Law Review

This Comment surveys the different theories used by courts to interpret the U.C.C. in settling disputes between Article 9 and section 2-403(2). It also looks at the strengths and weaknesses of the theories proposed and suggests a solution.


The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority? Jan 1978

The Cash Seller's Right Of Reclamation Versus The Secured Party's Floating Lien: Who Is Entitled To Priority?

Washington and Lee Law Review

No abstract provided.


Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review May 1969

Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review

Michigan Law Review

p>The first question for consideration is the applicability of the "shelter provision" of section 2-403(1) to these cases. This section may be relied upon by different parties depending upon the nature of the sale. When a bankruptcy sale is involved, the buyer may claim, as Armstrong did in Mitchell, that the section allows him to succeed to the trustee's priority over unperfected security interests. When an ordinary judicial sale is involved, however, there is no intermediate transferee with both title to the property and a clear claim to priority, and the secured party may rely on this section …


Sales And Secured Transactions, Douglass Boshkoff Jan 1962

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Sales And Secured Transactions, Douglass Boshkoff Jan 1961

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Sales And Secured Transactions, Douglass Boshkoff Jan 1960

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Cases And Materials On The Law Of Sales, Harold C. Havighurst Apr 1930

Cases And Materials On The Law Of Sales, Harold C. Havighurst

West Virginia Law Review

No abstract provided.