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Articles 1 - 3 of 3
Full-Text Articles in Law
Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley
Database Protection In A Digital World, Mary Maureen Brown, Robert M. Bryan, John M. Conley
Faculty Publications
No abstract provided.
Mortgage Drafting: Lessons From The Restatement Of Mortgages, Dale A. Whitman
Mortgage Drafting: Lessons From The Restatement Of Mortgages, Dale A. Whitman
Faculty Publications
The American Law Institute's adoption of the Restatement (Third) of Property: Mortgages may have significant impact on the negotiation and drafting of mortgages. Rather than merely reciting the prevailing case law, the Restatement proposes approaches the American Law Institute believes are desirable as a matter of sound policy. This Article highlights key areas in which the new Restatement may affect mortgage drafting and suggests useful techniques for mortgage drafters.
Reforming The Law: The Payment Rule As A Paradigm , Dale A. Whitman
Reforming The Law: The Payment Rule As A Paradigm , Dale A. Whitman
Faculty Publications
The concept of negotiability of promissory notes is solidly entrenched in American commercial law. It derives from the English common law notion that a negotiable instrument is a reification of the obligation it describes; the instrument is regarded as a tangible form of the obligation. This notion has multiple ramifications, but three stand out. The first is the holder in due course doctrine which asserts that, when a negotiable instrument is transferred by the correct process (negotiation, which requires delivery of the paper) to someone with the right qualities (good faith, lack of notice, and payment of value), the maker …