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Full-Text Articles in Law
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
As in the past, there were no significant developments or trends in the few decisions on conflict of laws points. The text of U.C.C. section 1-105, the Code's general choice-of-law provision, speaks comprehensively of "the transaction." Yet recent cases and a draft of the proposed Personal Property Leasing Act take an issue-oriented approach, thus giving the parties greater freedom to specify choice of law. Following the formulation in section 187 of the Restatement (Second) of the Conflict of Laws, the draft Leasing Act supports party choice in the absence of some significant forum policy that requires overriding that choice. In …
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
University of Richmond Law Review
Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …