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Articles 1 - 16 of 16
Full-Text Articles in Law
Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder
Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder
University of Miami Business Law Review
No abstract provided.
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt
Seattle University Law Review
This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can be categorized in order to …
Section 542(C) Of The Bankruptcy Reform Act Of 1978 And Section 4-303 Of The Ucc: A Less Than Perfect Fit?, John P. Finan
Section 542(C) Of The Bankruptcy Reform Act Of 1978 And Section 4-303 Of The Ucc: A Less Than Perfect Fit?, John P. Finan
Akron Law Review
The Uniform Commercial Code (UCC) 4-303 addresses two areas where the UCC and the Bankruptcy Code intersect. The first relates to the vulnerability of drawee banks that honor checks after their customer has taken bankruptcy (has filed a voluntary petition or is the defendant in an involuntary case); the second relates to the timing of transfers made by check under 547 of the Bankruptcy Code (the preference section). In both areas there is a less than perfect fit between the Bankruptcy Code and UCC 4-303. The first area poses problems for practitioners whose clients have received notice of bankruptcy in …
Mission Impracticable: The Impossibility Of Commercial Impracticability, Jennifer Camero
Mission Impracticable: The Impossibility Of Commercial Impracticability, Jennifer Camero
The University of New Hampshire Law Review
[Excerpt] “Residents of Chicago’s Streeterville neighborhood certainly cannot forget the recent financial crisis thanks to a gaping hole in their midst. That hole is to be the home of the Spire, the tallest building in the Northern Hemisphere, at 2,000 feet high with 1,194 residences ranging in price from $750,000 for a studio to $40 million for the penthouse. The developer, Shelbourne Development Group, Inc., began construction in 2007 using its own funds. It also obtained “starter” funds from Bank of America via a loan agreement that required Shelbourne to demonstrate proof of a construction loan by November 1, 2008. …
The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann Dr.
The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann Dr.
Georgia Journal of International & Comparative Law
No abstract provided.
An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice, John W. Hinchey
Pepperdine Law Review
In addressing the dual issues of check forgeries and alteration claims faced by many banks, the Uniform Commercial Code sets forth a system of rights and obligations to remedy these problems. In addition, Articles Three and Four also present an array of bank defenses, the availability of which are largely determined by the bank's position in this system. In this article, the author analyzes the inconsistencies and uncertainties inherent in this framework, and determines that there is much room for creativity on the part of banker's counsel in this area.
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Pepperdine Law Review
No abstract provided.
The Case To Be Made For Proposed Article 4a Of The Uniform Commercial Code: What's A Trillion Dollars Between Friends?!, Michael I. Spak
The Case To Be Made For Proposed Article 4a Of The Uniform Commercial Code: What's A Trillion Dollars Between Friends?!, Michael I. Spak
Kentucky Law Journal
No abstract provided.
Handling Re-Presented Checks--Risky Business For Collecting And Payor Banks, David J. Leibson
Handling Re-Presented Checks--Risky Business For Collecting And Payor Banks, David J. Leibson
Kentucky Law Journal
No abstract provided.
Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg
Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg
Kentucky Law Journal
No abstract provided.
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
University of Richmond Law Review
The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.
The Role Of Negligence In Section 3-405 Of The Uniform Commercial Code: Owensboro National Bank V. Crisp, Winifred Bryant
The Role Of Negligence In Section 3-405 Of The Uniform Commercial Code: Owensboro National Bank V. Crisp, Winifred Bryant
Kentucky Law Journal
No abstract provided.
Virginia Law Of Interest And Usury, John W. Edmonds Iii
Virginia Law Of Interest And Usury, John W. Edmonds Iii
University of Richmond Law Review
The concept of a limitation upon the charges that may be imposed for the hire of money is hardly modem. Although it may not be the oldest usury law, a reference to Deuteronomy should suffice: "Unto a stranger thou mayest lend upon usury; but unto thy brother thou shall not lend upon usury."
Stop Payment Orders: What Hath The Uniform Commercial Code Wrought?, Leonard Lakin
Stop Payment Orders: What Hath The Uniform Commercial Code Wrought?, Leonard Lakin
Kentucky Law Journal
No abstract provided.
New Tricks For Old Dogs, Harry L. Snead Jr.
New Tricks For Old Dogs, Harry L. Snead Jr.
University of Richmond Law Review
On the first day of January, 1966, Virginia practitioners will receive a bagful of .new tricks. The UNIFORM COMMERCIAL CODE becomes effective in Virginia on that day. In adopting the Code during its 1964 legislative session Virginia became the twenty-ninth state to adopt the Code; the Virginia version of the Code follows, with but few exceptions, the official version sponsored by the Commissioners on Uniform State Laws.
Bank Deposits And Collections, Bart A. Brown
Bank Deposits And Collections, Bart A. Brown
Kentucky Law Journal
No abstract provided.