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Articles 91 - 120 of 139
Full-Text Articles in Commercial Law
How To Be Or Not To Be: The United Nations Convention On Contracts For The International Sale Of Goods, Article 6, Heidi Stanton
How To Be Or Not To Be: The United Nations Convention On Contracts For The International Sale Of Goods, Article 6, Heidi Stanton
Cardozo Journal of International and Comparative Law
The note examines the ambiguity surrounding Article 6 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), which allows parties to exclude the Convention's application. It argues that the lack of clarity on whether exclusion must be explicit or can be implicit leads to significant interpretational challenges, affecting the uniformity of the Convention's application in international trade.
Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews
Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews
Cardozo Law Review
Part I of this Note examines the mistake made by the Tenth Circuit in Octagon Gas. It further discusses the related problem inherent in a district court's belief that it is bound by a circuit court's previous Erie decision in light of the recent Winter Panel decision. Part II demonstrates that, despite the doctrine of precedent, district courts are not invariably bound by the diversity decisions of their circuit courts under the modem Erie doctrine, and therefore, should independently determine the state issues before them. Part III returns to Winter Panel and examines how the District Court of Massachusetts …
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Some Realism About Legal Surrealism, Jeanne L. Schroeder
Articles
The article challenges the traditional understanding of possession in property law, arguing that the concept is increasingly inadequate due to its reliance on physical metaphors that fail to account for intangible assets and noncustodial interests. It advocates for a shift toward an abstract, Hegelian approach, emphasizing legal recognition and control over physical custody, particularly in the context of modern commercial transactions governed by the Uniform Commercial Code (UCC).
Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder
Death And Transfiguration: The Myth That The U.C.C. Killed "Property", Jeanne L. Schroeder
Articles
The article examines the evolution of property concepts in legal frameworks, particularly focusing on the Uniform Commercial Code (U.C.C.) and its treatment of title in sales transactions. It argues that while the U.C.C. attempted to shift from traditional notions of property as a unitary right to a more process-oriented approach, it did not fully abandon the underlying imagery of property as a tangible, identifiable object. The analysis critiques the common law's emphasis on title and explores the idea that property should be viewed as a legal relation among subjects rather than a fixed, physical entity. The article proposes a reinterpretation …
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Articles
Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.
A Rejoinder, Jonathan R. Macey
A Rejoinder, Jonathan R. Macey
Cardozo Law Review
In a rare moment of self-restraint, I resolved not to bother to write a comment to David Ratner's spirited but unconvincing reply to my earlier article in the Cardozo Law Review. Since Ratner's response contained no defense whatsoever of the work of the Securities and Exchange Commission ("SEC"), no criticism whatsoever of my general theory of agency obsolescence, and no theory of its own to defend the SEC, it seemed to me at first that the best course of action was to allow Ratner's reply to serve as its own refutation.
Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder
Repo Madness: The Characterization Of Repurchase Agreements Under The Bankruptcy Code And The U.C.C., Jeanne L. Schroeder
Articles
The article examines the legal characterization of repurchase agreements (repos) under the Bankruptcy Code and the Uniform Commercial Code (U.C.C.), with a focus on proposed revisions to Articles 8 and 9. It argues that repos should be treated as sales rather than secured loans, primarily due to the repo buyer's unrestricted right to deal with the collateral. This characterization is supported by court rulings in cases such as In re Bevill, Bresler & Schulman and SEC v. Drysdale Securities Corp., which emphasize the transfer of ownership and the buyer's ability to engage with the securities. The article critiques current methods …
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson
Articles
In this article, Professor David Gray Carlson analyzes the intersection of voidable preference law under 11 U.S.C. § 547 and security interests under Article 9 of the Uniform Commercial Code. The essay purports to articulate the metaphysical assumptions present in this intersection, no matter how rarified and peculiar, because, in this area of law, even the slightest and most fantastic metaphysical presupposition can change results and shift wealth between debtors and creditors. Given the current dearth of unsecured dividends in bankruptcy proceedings, everything turns on whether security interests survive the critique of voidable preference law. In his treatment, Professor Carlson …
On The Efficiency Of Secured Lending, David G. Carlson
On The Efficiency Of Secured Lending, David G. Carlson
Articles
The article challenges the Law and Economics movement's assertion that secured lending is inefficient, arguing instead that it can be efficient by reducing risk and lowering the cost of credit. Carlson contests the movement's reliance on outdated theories like the Modigliani-Miller model, which he believes fails to account for real-world factors such as time and risk. He posits that secured lending can prevent debtor misbehavior, thereby making credit more accessible and reducing risks for creditors.
The Fallacies Of Contemporary Fraudulent Transfer Models As Applied To Intercorporate Guaranties: Fradulent Transfer Law As A Fuzzy System, Jack F. Williams
The Fallacies Of Contemporary Fraudulent Transfer Models As Applied To Intercorporate Guaranties: Fradulent Transfer Law As A Fuzzy System, Jack F. Williams
Cardozo Law Review
Fraudulent transfers and obligations are as varied as fish in the sea. Gifts by insolvents, bogus sales by a debtor to his or her relative, highly leveraged transactions, recapitalizations, real property foreclosures-none escapes the panoptic scrutiny of fraudulent transfer law. Some of these transfers have no legitimate business purpose and are easily condemned, while others are economically beneficial and are not so easily or confidently dispatched.
Protecting Art Purchasers: Analysis And Application Of Warranties Of Quality, Drew N. Lanier
Protecting Art Purchasers: Analysis And Application Of Warranties Of Quality, Drew N. Lanier
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Ucc And Consignment: Making The Code Safe For Artists And Other "Little Fellows", Mark Marcone
The Ucc And Consignment: Making The Code Safe For Artists And Other "Little Fellows", Mark Marcone
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder
Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder
Articles
The article critiques the 1977 proposed amendments to Articles 8 and 9 of the Uniform Commercial Code (UCC), arguing that while they aim to modernize securities law by replacing the outdated physical possession metaphor with the concept of "control," they fail to adequately address the complexities of indirect holdings through intermediaries. The revisions introduce "supernegotiability," prioritizing secured creditors over customers, but raise ethical concerns about rewarding dishonest behavior and potentially undermining consumer protections. The article concludes that while the changes improve market efficiency and clarity, further refinements are needed to balance the interests of all stakeholders.
Developments In Trading Claims: Participations And Disputed Claims, Chaim J. Fortgang, Thomas Moers Mayer
Developments In Trading Claims: Participations And Disputed Claims, Chaim J. Fortgang, Thomas Moers Mayer
Cardozo Law Review
The two years since our last paper on trading claims' have seen an explosion in the market for claims against Chapter 11 debtors. More institutions are involved in buying, selling, and brokering claims than ever before. Goldman, Sachs & Company, Salomon Brothers Inc., Lazard Freres & Company, Inc., and Kidder Peabody & Company have joined Oppenheimer & Company, and Bear, Stearns & Company as established Wall Street houses making markets in distressed claims. Commercial banks such as First National Bank of Chicago, ING Bank, and Citibank, N.A. now buy and sell bank claims against distressed debtors.
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Postpetition Security Interests Under The Bankruptcy Code, David G. Carlson
Articles
Section 364(c) and (d) of the Bankruptcy Code provides for the creation of security interests in real and personal property under federal law. In this Article, David Gray Carlson discusses the quality and nature of these federal security interests, their remarkable immunity from reversal on appeal, and the ability of postpetition lenders to obtain preferences over other creditors through "cross-collateralization" clauses and the like.
The Corporate State And Broadcasting In Ireland: A National-Popular Program, Desmond Bell
The Corporate State And Broadcasting In Ireland: A National-Popular Program, Desmond Bell
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Perfection Of Security Interests In Copyrights: The Peregrine Effect On The Orion Pictures Plan Of Reorganization, Steven Weinberger
Perfection Of Security Interests In Copyrights: The Peregrine Effect On The Orion Pictures Plan Of Reorganization, Steven Weinberger
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Accelerating Privatization In Eastern Europe: The Case Of Poland, Jeffrey D. Sachs
Accelerating Privatization In Eastern Europe: The Case Of Poland, Jeffrey D. Sachs
Cardozo Journal of International and Comparative Law
The need to accelerate privatization is the paramount economic policy issue facing Eastern Europe. If there is no breakthrough in the privatization of large enterprises in the near future, the entire process could be stalled for years to come. Privatization is urgent and politically vulnerable; such international institutions as the World Bank and the European Bank for Reconstruction and Development can help speed the process byprovidingfinancial and technical support for the key operations of mass privatization. Because most of the effort in the next few years will involve industrial firms that are already subject to domestic or international competition, privatization …
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Articles
The article critiques the traditional "simple creditors' bargain" theory in bankruptcy law, arguing that it fails to align with libertarian principles due to its inability to justify bankruptcy discharges and its exclusion of debtors and non-creditors. It then explores an "expanded creditors' bargain," which attempts to address distributive aspects but ultimately falls short by excluding non-consensual creditors and failing to explain why contractual risk allocation is insufficient. The analysis highlights the theory's shortcomings in handling various creditor types and risks, questioning its validity in explaining bankruptcy law.
New Paradigms For Reasoning With Uncertain Information, Ronald R. Yager
New Paradigms For Reasoning With Uncertain Information, Ronald R. Yager
Cardozo Law Review
No abstract provided.
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Cardozo Law Review
No abstract provided.
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer
Cardozo Law Review
No abstract provided.
The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block
The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein
The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein
Cardozo Law Review
Recent changes in the law of securities transfer might be characterized as trying to put an expanding multi-faceted peg in a round hole. The proverbial round hole, of course, is the traditional negotiable instrument concept that a security is transferred by delivery. The peg is the rapidly developing system of securities issuance and holding practices in which an owner's interest in a security is evidenced by an entry on his account with a broker, bank, clearing corporation, or other intermediary, and the security itself is represented by a piece of paper in the possession of that or another third party, …
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Cardozo Law Review
No abstract provided.
Negotiability, Property, And Identity, James Steven Rogers
Negotiability, Property, And Identity, James Steven Rogers
Cardozo Law Review
No abstract provided.
Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David G. Carlson
Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David G. Carlson
Cardozo Law Review
No abstract provided.
Board Of Trustees Of The State University Of New York V. Fox -The Dawn Of A New Age Of Commercial Speech Regulation Of Tobacco And Alcohol, Mark A. Conrad
Board Of Trustees Of The State University Of New York V. Fox -The Dawn Of A New Age Of Commercial Speech Regulation Of Tobacco And Alcohol, Mark A. Conrad
Cardozo Arts & Entertainment Law Journal
No abstract provided.