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Articles 1 - 14 of 14
Full-Text Articles in Law
An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers
An Essay On Horseless Carriages And Paperless Negotiable Instruments: Some Lessons From The Article 8 Revision, James S. Rogers
James S. Rogers
As practices change, so too must the language and concepts that define and describe them. That is the lesson to be drawn from the past few decades’ work on the commercial law of investment securities. Article 8 is the first article of the Uniform Commercial Code to reach a third generation. There is the original version, the 1978 version, and now the 1994 version. The original version was based on the traditional system in which buyers and sellers effected transfer of securities by physical delivery of certificates. The 1978 version added new provisions dealing with “uncertificated securities.” Then the 1994 …
The Supreme Court 1974 Term: Note On Eastland V. United States Servicemen's Fund, James S. Rogers
The Supreme Court 1974 Term: Note On Eastland V. United States Servicemen's Fund, James S. Rogers
James S. Rogers
No abstract provided.
Negotiability, Property, And Identity, James S. Rogers
Negotiability, Property, And Identity, James S. Rogers
James S. Rogers
In this Article, Professor Rogers challenges the assumption that securities transfer law has always been based on negotiable certificates and suggests that the reign of negotiability is a relatively recent, and brief, phase in the long history of investment securities trading. Professor Rogers posits that the difficulties currently facing the law of securities transfers are in large part due to the transition from paper to electronic representations of investments. To place these challenges into perspective, Professor Rogers first surveys the history of securities trading and then examines the theoretical underpinnings of the law of securities transfers.
The Impairment Of Secured Creditors’ Rights In Reorganization: A Study Of The Relationship Between The Fifth Amendment And The Bankruptcy Clause, James S. Rogers
The Impairment Of Secured Creditors’ Rights In Reorganization: A Study Of The Relationship Between The Fifth Amendment And The Bankruptcy Clause, James S. Rogers
James S. Rogers
Some commentators and courts have argued that the takings clause of the fifth amendment limits congressional power to interfere with property rights in bankruptcy proceedings. In this Article, Professor Rogers argues to the contrary that, at least with respect to prospective bankruptcy legislation, the bankruptcy clause itself and not the fifth amendment limits congressional bankruptcy power. His view derives from nineteenth and twentieth century case law, particularly cases assessing the validity of restraints on secured creditors' foreclosure rights, and from the theoretical difficulty of distinguishing between supposedly protected property rights and supposedly unprotected contract interests. Professor Rogers also sharply criticizes …
The Basic Principle Of Loss Allocation For Unauthorized Checks, James S. Rogers
The Basic Principle Of Loss Allocation For Unauthorized Checks, James S. Rogers
James S. Rogers
It is commonly thought that the Uniform Commercial Code adopts a negligence principle as the basis of loss allocation for the check system. This Article argues that this common assumption is wrong. Instead, the fundamental principle of the check system and all other payment systems is that the burden of unpreventable losses should rest with the providers of the payment system rather than with the users of the payment system. The Article shows that the old English case of Price v. Neal is not, as is commonly thought, an anomaly but is instead entirely consistent with the basic principle of …
Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers
Policy Perspectives On Revised U.C.C. Article 8, James S. Rogers
James S. Rogers
No abstract provided.
The Myth Of Negotiability, James Steven Rogers
Review Of Industrializing English Law: Entrepreneurship And Business Organization, 1720-1844, James S. Rogers
Review Of Industrializing English Law: Entrepreneurship And Business Organization, 1720-1844, James S. Rogers
James S. Rogers
No abstract provided.
Negotiability As A System Of Title Recognition, James S. Rogers
Negotiability As A System Of Title Recognition, James S. Rogers
James S. Rogers
No abstract provided.
The Irrelevance Of Negotiable Instruments Concepts In The Law Of The Check-Based Payment System, James S. Rogers
The Irrelevance Of Negotiable Instruments Concepts In The Law Of The Check-Based Payment System, James S. Rogers
James S. Rogers
No abstract provided.
Last Hired, First Fired Layoffs And Title Vii, James S. Rogers
Last Hired, First Fired Layoffs And Title Vii, James S. Rogers
James S. Rogers
No abstract provided.
The New Old Law Of Electronic Money, James S. Rogers
The New Old Law Of Electronic Money, James S. Rogers
James S. Rogers
A variety of electronic money systems have recently been proposed or implemented in which the initial transaction between the parties would—without any contact to the banking system—result in the instantaneous transfer of bank credit. For example, “smart-card” systems and various systems that have been proposed for internet payment transactions would operate by loading transferable value onto a device, so that a payment transaction could be completed by a transaction between the parties, without any contact to the banking system. It is generally assumed that there is no present law, statutory or judge-made, that applies directly to such electronic money systems. …
Unification Of Payments Law And The Problem Of Insolvency Risk In Payment Systems, James S. Rogers
Unification Of Payments Law And The Problem Of Insolvency Risk In Payment Systems, James S. Rogers
James S. Rogers
No abstract provided.
Indeterminacy And The Law Of Restitution, James S. Rogers
Indeterminacy And The Law Of Restitution, James S. Rogers
James S. Rogers
No abstract provided.