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Articles 1 - 25 of 25
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 …
Chapter 9 Plan Confirmation Standards And The Role Of State Choices, Juliet Moringiello
Chapter 9 Plan Confirmation Standards And The Role Of State Choices, Juliet Moringiello
Juliet M Moringiello
Because so few municipalities have ever filed for bankruptcy, none of the Chapter 9 confirmation standards have benefitted from extensive judicial scrutiny. The standards are particularly undeveloped as applied to cities and counties, whose debt structure and service obligations are more complicated and diverse than those of the special purpose districts whose cases generate the vast majority of Chapter 9 judicial opinions. The lack of clarity is not only bad for distressed cities and their creditors, it is undesirable from a public policy standpoint. States can choose whether to permit their municipalities to file for bankruptcy, and clear plan confirmation …
Notice, Assent, And Form In A 140 Character World, Juliet Moringiello
Notice, Assent, And Form In A 140 Character World, Juliet Moringiello
Juliet M Moringiello
This essay is a contribution to a symposium on Professor Nancy Kim’s terrific book, Wrap Contracts: Foundations and Ramifications. In the book, Prof. Kim examines this explosion in volume of online contract terms and offers some suggestions for improving the judicial approach to these terms. Despite the ease of presenting online terms in a visually appealing format, today’s electronically presented terms are even less comprehensible than those of fifteen years ago. At the same time that individuals have become accustomed to receiving information in small doses due to the proliferation of social media platforms such as Twitter, Instagram, Facebook and …
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 …
Municipalities In Peril: The Abi Guide To Chapter 9, Second Edition Written By: H. Slayton Dabney Jr., Patrick Darby, Daniel G. Egan, Marc A. Levinson, George B. South Iii And Emily J. Tidmore (Abi, 2012), Juliet Moringiello
Juliet M Moringiello
No abstract provided.
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Internet Contracting, Juliet Moringiello, William Reynolds
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Internet Contracting, Juliet Moringiello, William Reynolds
Juliet M Moringiello
Contract law is applied countless times every day, in every manner of transaction large or small. Rarely are those transactions reflected in an agreement produced by a lawyer; quite the contrary, almost all contracts are concluded by persons with no legal training and often by persons who do not have a great deal of education. In recent years, moreover, technological advances have provided novel methods of creating contracts. Those facts present practitioners of contract law with an interesting conundrum: The law must be sensible and stable if parties are to have confidence in the security of their arrangements; but contract …
Internet Law For The Business Lawyer, Juliet Moringiello
Internet Law For The Business Lawyer, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
(Mis)Use Of State Law In Bankruptcy: The Hanging Paragraph Story, Juliet Moringiello
(Mis)Use Of State Law In Bankruptcy: The Hanging Paragraph Story, Juliet Moringiello
Juliet M Moringiello
This article addresses the use of state law in bankruptcy in the context of the controversial “hanging paragraph” of the Bankruptcy Code, which was added to the Code by the 2005 amendments. The hanging paragraph appears to grant undersecured car lenders full payment in Chapter 13 bankruptcy cases, treatment that gives such lenders better treatment than other secured lenders. The provision is particularly controversial when applied to negative equity financing. Negative equity financing is provided by lenders when a car buyer offers a trade-in vehicle that is worth less than the outstanding loan that it secures. When a lender makes …
Widener Law Analysis: Share Pain Or Deal With Bankruptcy, Juliet Moringiello, Michael Hussey
Widener Law Analysis: Share Pain Or Deal With Bankruptcy, Juliet Moringiello, Michael Hussey
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 …
A City In Distress: Harrisburg's Financial Crisis, Juliet Moringiello
A City In Distress: Harrisburg's Financial Crisis, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
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.
What’S Software Got To Do With It? The Ali Principles Of The Law Of Software Contracts, Juliet Moringiello, William Reynolds
What’S Software Got To Do With It? The Ali Principles Of The Law Of Software Contracts, Juliet Moringiello, William Reynolds
Juliet M Moringiello
In May, 2009, the American Law Institute (“ALI”) approved its Principles of the Law of Software Contracts (“Principles”). The attempt to codify, or at least unify, the law of software contracts has a long and contentious history, the roots of which can be found in the attempt to add an Article 2B to the Uniform Commercial Code (“UCC”) in the mid-1990s. Article 2B became the Uniform Computer Information Transactions Act (“UCITA”) when the ALI withdrew from the project in 1999, and UCITA became the law in only two states, Virginia and Maryland. UCITA became a dirty word, with several states …
Hernando De Soto, Formal Property Systems, And The Intangible Asset Paradox, Juliet Moringiello
Hernando De Soto, Formal Property Systems, And The Intangible Asset Paradox, Juliet Moringiello
Juliet M Moringiello
No abstract provided.
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Juliet M Moringiello
This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.
Bankruptcy Overview: Issues, Law And Policy, Juliet Moringiello
Bankruptcy Overview: Issues, Law And Policy, 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.
Mgm Studios, Inc. V. Grokster, Ltd., 545 U.S. 913 (2005), Juliet Moringiello
Mgm Studios, Inc. V. Grokster, Ltd., 545 U.S. 913 (2005), Juliet Moringiello
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.
Distinguishing Hogs From Pigs: A Proposal For A Preference Approach To Pre-Bankruptcy Planning, Juliet Moringiello
Distinguishing Hogs From Pigs: A Proposal For A Preference Approach To Pre-Bankruptcy Planning, Juliet Moringiello
Juliet M Moringiello
No abstract provided.