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- Secured Transactions (18)
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Articles 361 - 390 of 437
Full-Text Articles in Secured Transactions
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
UIC Law Review
No abstract provided.
Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz
Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz
UIC Law Review
No abstract provided.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
What Makes Asset Securitization "Inefficient"?, Kenji Yamazaki
What Makes Asset Securitization "Inefficient"?, Kenji Yamazaki
ExpressO
Despite the damage caused by the recent Enron scandal , the asset securitization market has been vibrant and has become a popular financing alternative . A number of academics emphasize its merits and suggest that it is a more favorable way of financing, and Congress’s proposal to make sales of asset in securitization immune from characterization as secured transactions under the Bankruptcy Reform Act of 2001 (the “Reform Act”) almost materialized when the Enron scandal hit the scene. Conversely, there have been accusations that securitization is not a legitimate way of financing because, for example, it fosters fraudulent transactions.
Why …
Nasd Regulation Of Ipo Conflicts Of Interest - Does Gatekeeping Work?, Royce De R. Barondes
Nasd Regulation Of Ipo Conflicts Of Interest - Does Gatekeeping Work?, Royce De R. Barondes
Faculty Publications
This Article contributes to the debate on the efficacy of third party gatekeeping in regulating the capital markets, by presenting empirical evidence of the efficacy of one kind of gatekeeper, a qualified independent underwriter (QIU). Under NASD rules, when an investment bank participating in a securities offering has one of several enumerated conflicts of interest, the securities cannot be sold at a price higher than that recommended by a QIU. Examining 1,188 IPOs from 1997 through 2000 discloses a negative, statistically significant relationship between IPO initial returns and each of (i) the fact that participating NASD members (or their affiliates) …
Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel
Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Correcting The Empirical Foundations Of Ipo-Pricing Regulation, Royce De R. Barondes
Correcting The Empirical Foundations Of Ipo-Pricing Regulation, Royce De R. Barondes
Faculty Publications
Recent events are replete with stories of fraudulent or opportunistic behavior in the initial public offering (IPO) process - behavior that extended to the highest-reputation investment banks. Curiously, notwithstanding this evidence, recent financial economics literature asserts investment bank conflicts of interest certify IPO issuers. This Article develops new empirical evidence that casts doubt on this certification hypothesis by examining the pre-IPO price adjustment of IPOs involving qualified independent underwriters (QIUs), particularly IPOs in which more than ten percent of the net proceeds are being directed to participating investment banks (e.g., to repay a prior extension of credit). These offerings have …
Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal
Bankruptcy Law And Inefficient Entitlements, Irit Haviv-Segal
ExpressO
The question as to the justification of bankruptcy law remains unanswered. The literature tends to emphasize the conflict and inability to compromise between the different normative outlooks of the insolvency law system. A deeper reflection on the existing theories of bankruptcy law reveals, however, that all theories share the same starting point: All theories share the understanding that efficiency considerations justify the enforcement of contractual bankruptcy arrangements. When the social theories call for increased levels of coercion and redistribution, these theories rely on normative considerations of distributive justice and rehabilitation values. They by no means rely on efficiency grounds. This …
Chuck And Steve's Peccadillo, James J. White
Secured Lending And Its Uncertain Future, Douglas G. Baird
Secured Lending And Its Uncertain Future, Douglas G. Baird
Cardozo Law Review
No abstract provided.
The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.
The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.
Cardozo Law Review
No abstract provided.
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
UIC Law Review
No abstract provided.
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
UIC Law Review
No abstract provided.
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
UIC Law Review
No abstract provided.
Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter
Impossible, Impracticable, Or Just Expensive? Allocation Of Expense Of Ancillary Risk In The Cmbs Market, 36 J. Marshall L. Rev. 653 (2003), Georgette Chapman Poindexter
UIC Law Review
No abstract provided.
22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 22nd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2002.
Reorganizations And Stochastic Collateral Value, Royce De R. Barondes
Reorganizations And Stochastic Collateral Value, Royce De R. Barondes
Faculty Publications
Bebchuk and Fried propose using a series of auctions to implement a market-based methodology for valuing secured claims in a reorganization. This Article demonstrates their procedure can result in a secured creditor receiving more than its ex ante bargain, and that the probability distribution of possible collateral values can be relevant to fulfilling the ex ante bargain. This Article further develops and examines a refinement of the Bebchuk and Fried procedure that provides an approximate solution to the overcompensation of secured creditors. This refinement reconceptualizes collateral as comprising two components: (i) a call option on that property, exercisable at the …
The Past And Future Of Implied Causes Of Action Under The Investment Company Act Of 1940, Arthur S. Gabinet, George M. Gowen Iii
The Past And Future Of Implied Causes Of Action Under The Investment Company Act Of 1940, Arthur S. Gabinet, George M. Gowen Iii
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Money Laundering Requirements For Broker-Dealers And Hedge Funds Under The Usa Patriot Act Of 2001, Marc C. Cozzolino
Money Laundering Requirements For Broker-Dealers And Hedge Funds Under The Usa Patriot Act Of 2001, Marc C. Cozzolino
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Introduction To The Symposium On Religion And Investing, Mark A. Sargent
Introduction To The Symposium On Religion And Investing, Mark A. Sargent
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
The Bishops And The Corporate Stakeholder Debate, Stephen M. Bainbridge
The Bishops And The Corporate Stakeholder Debate, Stephen M. Bainbridge
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Business And The Common Good In The Catholic Social Tradition, Robert G. Kennedy
Business And The Common Good In The Catholic Social Tradition, Robert G. Kennedy
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Comments On Bainbridge And Kennedy, Margaret Blair
Comments On Bainbridge And Kennedy, Margaret Blair
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Investing In Morality, Samuel Gregg
Investing In Morality, Samuel Gregg
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Non-Compete Obligations Of Departing Star Partners And The Right Of Clients To Their Continued Services, Tamar Frankel
Non-Compete Obligations Of Departing Star Partners And The Right Of Clients To Their Continued Services, Tamar Frankel
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Investment Company Act Of 1940: Why The Time Has Come To Revive Section 3(B)(1), Brian J. Lane, Gillian Mcphee
Investment Company Act Of 1940: Why The Time Has Come To Revive Section 3(B)(1), Brian J. Lane, Gillian Mcphee
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Mutual Fund Boards And Shareholder Action, David J. Carter
Mutual Fund Boards And Shareholder Action, David J. Carter
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Infrastructure For Commerce, Michael B. Likosky
Infrastructure For Commerce, Michael B. Likosky
Northwestern Journal of International Law & Business
While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …
What Role Is There For Independent Directors Of Mutual Funds, Kenneth E. Scott
What Role Is There For Independent Directors Of Mutual Funds, Kenneth E. Scott
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.