Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (236)
- DePaul University (24)
- Villanova University Charles Widger School of Law (21)
- University of Michigan Law School (18)
- BLR (16)
-
- Brooklyn Law School (13)
- Pepperdine University (11)
- Boston University School of Law (9)
- UIC School of Law (9)
- Northwestern Pritzker School of Law (7)
- American University Washington College of Law (5)
- University of Missouri School of Law (5)
- Texas A&M University School of Law (4)
- University of Georgia School of Law (4)
- Winthrop University (4)
- New York Law School (3)
- University of Arkansas, Fayetteville (3)
- University of Oklahoma College of Law (3)
- University of Richmond (3)
- Yeshiva University, Cardozo School of Law (3)
- Chicago-Kent College of Law (2)
- Cornell University Law School (2)
- Duke Law (2)
- Fordham Law School (2)
- University of Kentucky (2)
- University of Maine School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Washington School of Law (2)
- West Virginia University (2)
- Keyword
-
- Secured Transactions (18)
- Banking and Finance (17)
- Corporate (16)
- Corporations (15)
- Bankruptcy Law (14)
-
- Commercial Law (14)
- Corporation (13)
- Law (12)
- Securities (12)
- Shareholder (12)
- Blair (11)
- Law and Economics (11)
- Stout (11)
- Bankruptcy (10)
- Regulation (10)
- SEC (10)
- Team production (10)
- Economics (9)
- Governance (9)
- Secured transactions (9)
- Securities Law (9)
- Accounting (8)
- Article 9 (8)
- Debt (8)
- Technology (8)
- UCC (8)
- Contracts (7)
- Credit (7)
- Creditor (7)
- ESG (7)
- Publication Year
- Publication
-
- Seattle University Law Review (212)
- DePaul Business & Commercial Law Journal (24)
- Seattle Journal for Social Justice (24)
- Villanova Journal of Law and Investment Management (1999 - 2002) (20)
- Faculty Scholarship (19)
-
- ExpressO (16)
- Michigan Law Review (12)
- Pepperdine Law Review (10)
- UIC Law Review (9)
- Brooklyn Journal of Corporate, Financial & Commercial Law (7)
- Northwestern Journal of International Law & Business (7)
- Faculty Publications (5)
- Faculty Articles (4)
- Journal of Legal Studies in Business (4)
- American University Business Law Review (3)
- Arkansas Law Review (3)
- Articles (3)
- Cardozo Law Review (3)
- Articles & Chapters (2)
- Books (2)
- Chicago-Kent Law Review (2)
- Cornell Law Faculty Publications (2)
- Duke Law & Technology Review (2)
- Faculty Works (2)
- Georgia Journal of International & Comparative Law (2)
- Maine Law Review (2)
- Nevada Law Journal (2)
- University of Richmond Law Review (2)
- Washington Law Review (2)
- West Virginia Law Review (2)
- Publication Type
Articles 391 - 420 of 437
Full-Text Articles in Secured Transactions
Sec Regulation Of Investment Company Investments In Securities Related Businesses Under The Investment Company Act Of 1940, Lawrence P. Stadulis, Timothy W. Levin
Sec Regulation Of Investment Company Investments In Securities Related Businesses Under The Investment Company Act Of 1940, Lawrence P. Stadulis, Timothy W. Levin
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Regulatory Developments Affecting The Italian Investment Fund Market, Jeffrey Paul Greenbaum
Regulatory Developments Affecting The Italian Investment Fund Market, Jeffrey Paul Greenbaum
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Reconciling The Old Theory And The New Evidence: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Jacob I. Corré
Reconciling The Old Theory And The New Evidence: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Jacob I. Corré
Michigan Law Review
Ronald Mann's thorough research and rigorous analysis provide compelling evidence that the commercial letter of credit does not further the fundamental purpose traditionally associated with it. Equally persuasive are his hypotheses about the functions that letters of credit actually serve in the real world. The objective statistics are startling. An overwhelming majority of letter of credit seller-beneficiaries make at least initial presentations to issuing or correspondent banks that by the express terms of the letter of credit do not entitle the seller to payment. Without a waiver from its customer, the issuing bank is legally entitled to, and surely will …
The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann
The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann
Michigan Law Review
Common justifications for the use of the letter of credit fail to explain its widespread use. The classic explanation claims that the letter of credit provides an effective assurance of payment from a financially responsible third party. In that story, the seller - a Taiwanese clothing manufacturer, for example - fears that the overseas buyer - Wal-Mart - will refuse to pay once the goods have been shipped. Cross-border transactions magnify the concern, because the difficulties of litigating in a distant forum will hinder the manufacturer's efforts to force the distant buyer to pay. The manufacturer-seller solves that problem by …
Letters Of Credit As Signals: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Clayton P. Gillette
Letters Of Credit As Signals: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Clayton P. Gillette
Michigan Law Review
Why would buyers and sellers transact with each other through a third party that charges a significant fee for its services and that typically is authorized to make payment notwithstanding noncompliance with the very prerequisites that it has been engaged to monitor? This is the puzzle that Ronald Mann's provocative and nuanced article purports to explain. Under the traditional story about the esoteric world of letters of credit, these transactions allow distant buyers and sellers to circumvent obstacles that would otherwise frustrate long-distance transactions. The traditional story explains that these credits induce buyers to approve payment prior to receiving conforming …
Informality As A Bilateral Assurance Mechanism: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Avery Wiener Katz
Informality As A Bilateral Assurance Mechanism: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Avery Wiener Katz
Michigan Law Review
Ronald Mann's study of documentary defects in the presentation of commercial letters of credit is a valuable contribution to the commercial law literature in at least three respects. First, it offers a detailed and thorough empirical survey of an important though specialized aspect of commercial practice. Mann collected and coded a data sample of 500 randomly selected letter-of-credit transactions, personally evaluating each transaction to determine whether the documentary presentation by the beneficiary of the letter of credit (i.e., the seller) complied with the letter's formal terms. Then, for each case in which he found one or more documentary defects, Mann …
Straightening Out Strougo: The Maryland Legislative Response To Strougo V. Scudder, Stevens & (And) Clark, Inc., James J. Hanks Jr.
Straightening Out Strougo: The Maryland Legislative Response To Strougo V. Scudder, Stevens & (And) Clark, Inc., James J. Hanks Jr.
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Trends In The Regulation Of Investment Companies And Investment Advisers, Tamar Frankel
Trends In The Regulation Of Investment Companies And Investment Advisers, Tamar Frankel
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Commentary On A Rare Luddite Victory - The Templeton Dragon Fund Shareholder Proposal No-Action Letter, Howard M. Friedman
Commentary On A Rare Luddite Victory - The Templeton Dragon Fund Shareholder Proposal No-Action Letter, Howard M. Friedman
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
The Contribution Of The Fund Profile To Investor Education, James A. Fanto
The Contribution Of The Fund Profile To Investor Education, James A. Fanto
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Participant Self-Direction Of Account Balances: Investment Advice Or Investment Education, Marcia S. Wagner, Robert N. Eccles
Participant Self-Direction Of Account Balances: Investment Advice Or Investment Education, Marcia S. Wagner, Robert N. Eccles
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Enhancing The Effectiveness Of Independent Directors: Is The System Broken, Creaking Or Working, David A. Sturms
Enhancing The Effectiveness Of Independent Directors: Is The System Broken, Creaking Or Working, David A. Sturms
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Rethinking Brokerage Rebate Arrangements: The Case For Collective Cash Pass-Through Arrangements, Joseph A. Franco
Rethinking Brokerage Rebate Arrangements: The Case For Collective Cash Pass-Through Arrangements, Joseph A. Franco
Villanova Journal of Law and Investment Management (1999 - 2002)
No abstract provided.
Impact Of The Capital Markets On Real Estate Law And Practice, 32 J. Marshall L. Rev. 269 (1999), Michael H. Schill
Impact Of The Capital Markets On Real Estate Law And Practice, 32 J. Marshall L. Rev. 269 (1999), Michael H. Schill
UIC Law Review
No abstract provided.
Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann
Michigan Law Review
The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages. Both of those institutions are designed solely …
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Cross-Border Lending: What's Different This Time, Lee C. Buchheit
Northwestern Journal of International Law & Business
This article is based upon the author's lecture entitled "The Next Wave of Cross-Border Lending" delivered in connection with the Meredith Lectures at McGill University in April 1994.* The subject of that lecture, and of this article, is how cross-border lending to less developed countries (LDCs) in the 1990s differs from the last major period of such lending in the late 1970s. It is surely a testament to the accelerated obsolescence of modem financial commentary that the author's April 1994 lecture - delivered in the middle of a boom in cross-border lending - has already been followed by a bust …
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner
Northwestern Journal of International Law & Business
This short preface introduces the purpose of the symposium and introduces each of the articles tat will follow.
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes
Northwestern Journal of International Law & Business
This article is an overview of bankruptcy law and concerns in Brazil, as well as a exploration of what rights creditors have in bankruptcy.
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano
Northwestern Journal of International Law & Business
The immediate effects of the December 1994 peso devaluation and the period of high interest rates and economic recession that followed had important repercussions for the Mexican banking and financial system. Since the onset of the crisis, the Mexican government has undertaken a number of important actions designed to assure adequate capitalization of financial institutions and continued public confidence in the banking system. The goal throughout has been to avoid a banking crisis that would exacerbate the contraction in the real economy and to set the stage for a recovery of the financial system based on sound institutions and efficient …
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather
Northwestern Journal of International Law & Business
This is a discussion of debt obligations in Latin America and how the symposium panelists would have advised there clients.
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas
Northwestern Journal of International Law & Business
Unless the international capital markets become widely receptive to refinancing Mexican Eurobonds, by early to mid 1996, the holders of these Eurobonds - Mexico's new "bondholder constituency" - may find themselves at the center of a restructuring process encompassing a significant portion of the $13 billion of Eurobond debt outstanding. This article discusses strategies for restructuring.
Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne
Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne
UIC Law Review
No abstract provided.
The Transformation Of French Corporate Governance And United States Institutional Investors, James Fanto
The Transformation Of French Corporate Governance And United States Institutional Investors, James Fanto
Faculty Scholarship
No abstract provided.
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
LLM Theses and Essays
In contrast to the public-notice filing system under U.C.C. Article 9, the modern German law of securities in personal property lacks publicity of security interests. The German courts have developed a mesh of priority rules exhaustively described in this analysis. Despite the costs and risks arising under the formal filing system, the U.C.C. accomplishes a preferable balance of interests involved in secured transactions. It assures certainty to creditors about the priority of security interests in particular assets, whereas the German law comprehensively recognizes the debtor’s interest in the secrecy of the transaction and the need for external capital. Regarding the …
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
An Economic Analysis Of The Potential For Coercion In Consent Solicitations For Bonds, Royce De R. Barondes
Faculty Publications
This Article examines why issuers frequently cannot present bondholders with an offer that draws on collective action problems to force the acceptance of the offer by the bondholders. The analysis is restricted to publicly offered bonds. For a number of reasons, privately placed debt presents fewer opportunities for coercion. A prior business relationship among various purchasers, which facilitates cooperation, may be more likely with respect to privately placed debt. Privately placed debt often has more significant protection for the bondholders than public debt with the same level of seniority
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
Faculty Publications
Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …
Article 5: Highlights Of The Proposed Revision, James J. White
Article 5: Highlights Of The Proposed Revision, James J. White
Other Publications
I. The Current Status of Article 5: Drafting, Approval and Promulgation--The Most Significant Changes or Clarifications -- II. The Most Contentious Issues in the Revision of Article 5 -- III. More Subtle Questions About Revised Article 5
What You See Is Not Always What You Get: The Enforceability Of Loan Prepayment Penalties, 23 J. Marshall L. Rev. 65 (1989), Thomas C. Homburger, Matthew K. Phillips
What You See Is Not Always What You Get: The Enforceability Of Loan Prepayment Penalties, 23 J. Marshall L. Rev. 65 (1989), Thomas C. Homburger, Matthew K. Phillips
UIC Law Review
No abstract provided.
Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita
Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita
West Virginia Law Review
No abstract provided.
Loan Participations: Are They "Securities"?, Dennis Scholl, Ronald L. Weaver
Loan Participations: Are They "Securities"?, Dennis Scholl, Ronald L. Weaver
Florida State University Law Review
No abstract provided.