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Full-Text Articles in Law
The Corporation As Imperfect Society, Brian M. Mccall
The Corporation As Imperfect Society, Brian M. Mccall
Brian M McCall
Corporations are ubiquitous in modern society. They pervade every aspect of our life, consumer, professional, investment activity. Probably, people have more contact with corporations on a daily basis than any other institution, including government. From the South Sea Bubble to the Stock market Crash of 1929 to Enron to General Motors and Countrywide Mortgage, corporate scandals and controversies invite fundamental questions about corporate law. This article attempts to bring a fresh perspective to the question: “what is a corporation and how should the law treat it?” The article articulates a corporate metaphysics rooted in political philosophy. The dominant models of …
Money, Money Everywhere But Not A Drop To Secure: A Proposal To Amend The Perfection Rule For Security Interests In Money And Deposit Accounts, Brian M. Mccall
Money, Money Everywhere But Not A Drop To Secure: A Proposal To Amend The Perfection Rule For Security Interests In Money And Deposit Accounts, Brian M. Mccall
Brian M McCall
It is time that the billions of dollars of money and bank account balances held by debtors be made available as security in a manner that is commercially practical. The rules governing the perfection of security interests in money and deposit accounts need to be reformed to allow perfection by filing. This article builds a case for the proposed revisions by addressing the vexing question “what is money.” A brief history, especially drawing upon the history of the UCC, of answers to this question is presented. Various policy rationales are explored including an examination of the different forms of payment …