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Articles 1 - 8 of 8
Full-Text Articles in Secured Transactions
The Intended And Resulting Interpretations Of Article 9 Considering The Rise Of Textualism, Cat Gassiot
The Intended And Resulting Interpretations Of Article 9 Considering The Rise Of Textualism, Cat Gassiot
Fordham Journal of Corporate & Financial Law
This Article is the first to examine the interpretive choices of judges for Article 9 of the UCC. Textualism has become one of the predominant methods of interpretation for courts across the state and federal systems in the United States. While there is a great deal of academic work on what this means for traditional statutes, there is limited discussion of the interpretive effects of textualism on the UCC, much less Article 9, which governs secured transactions. The continuity and uniformity of secured transactions jurisprudence is fundamental as it underlies bankruptcy proceedings, debt and credit financing, and commercial transactions more …
Educating Deal Lawyers For The Digital Age, Heather Hughes
Educating Deal Lawyers For The Digital Age, Heather Hughes
Fordham Law Review
Courses and programs that address law and emerging technologies are proliferating in U.S. law schools. Technology-related issues pervade the curriculum. This Essay presents two instances in which new technologies present challenges for deal lawyers. It explores how exposing students to closing opinions practice can prepare them to engage these challenges. Both examples involve common commercial contexts and lessons relevant to students of business associations and of the Uniform Commercial Code. The first, which deals with enforceability opinion letters, presents technical legal difficulties arising from recent developments in law and technology. The second, involving complex doctrines at the heart of financial …
Emerging Circuit Split Over Modification Of Mortgages On Multi-Use Real Properties, Michal Zabadal
Emerging Circuit Split Over Modification Of Mortgages On Multi-Use Real Properties, Michal Zabadal
Fordham Journal of Corporate & Financial Law
For many decades, healthy levels of residential mortgage loans (“RMLs”) and their regulation have been among the major drivers of the economy. Because of the importance of RMLs for the condition of the national financial system and the general well-being of the society, it is essential that lenders are reasonably incentivized to originate these loans. A well-designed promise of higher recovery on RMLs in times of distress can be a compelling motivator. The Bankruptcy Code seeks to deliver on that promise by treating RMLs more favorably. It does that by barring the debtor-in-bankruptcy from modifying a claim secured by a …
Oil And Water: Mixing Taxable And Tax-Exempt Shareholders In Mutual Funds, Jeffrey M. Colon
Oil And Water: Mixing Taxable And Tax-Exempt Shareholders In Mutual Funds, Jeffrey M. Colon
Faculty Scholarship
As of 2012, roughly 23% of U.S. households’ assets and 50% of retirement assets are invested in mutual funds, thus making mutual funds one of the most important investment vehicles for U.S. households. The federal taxation of mutual funds and mutual fund shareholders has played a vital role in the development of mutual funds and their appeal to U.S. investors. Despite the significant amount of mutual fund assets held in retirement accounts, there has been very little analysis of the issues that arise when taxable and tax-exempt shareholders invest together in the same mutual fund. A substantial body of research …
The Trojan Horse Revisited, Constantine N. Katsoris
The Trojan Horse Revisited, Constantine N. Katsoris
Faculty Scholarship
No abstract provided.
The Case For Symmetry In Creditors' Rights, Richard Squire
The Case For Symmetry In Creditors' Rights, Richard Squire
Faculty Scholarship
Using an original framework for evaluating bankruptcy rules, this article casts doubt on the efficiency of legal arrangements that give some creditors an absolute advantage over others in the division of a debtor's assets. Such arrangements, which I classify as asymmetrical, are widely used in the modem economy, and include the secured loan, American general partnership, and guaranty contract. In contrast, symmetrical arrangements, which include the corporation and common law partnership, confer no absolute advantage, because they give each creditor group a prior claim to a distinct debtor asset pool. I demonstrate that symmetrical arrangements produce lower debt appraisal costs, …
United States V. O'Hagan: The Supreme Court Abandons Textualism To Adopt The Misappropriation Theory, Amy E. Fahey
United States V. O'Hagan: The Supreme Court Abandons Textualism To Adopt The Misappropriation Theory, Amy E. Fahey
Fordham Urban Law Journal
This article analyzes the Supreme Courts ruling in United States v. O'Hagen holding that Section 10(b) of the Securities and Exchange Act can be applied to insider trading by corporate outsiders. The article argues that the Supreme Court incorrectly expanded the reach of the statute beyond that which Congress had intended.
Omission And Nondisclosure Under Sed Rule 10b-5: A Distinction In Search Of A Difference, George O. Richardson, Iii
Omission And Nondisclosure Under Sed Rule 10b-5: A Distinction In Search Of A Difference, George O. Richardson, Iii
Fordham Urban Law Journal
This Note addresses a key element of Rule 10b-5 of the Securities and Exchange Act of 1934: causation. Though typically shown through reliance, some courts have allowed a proof of materiality to substitute. This Note addresses the circuit split and looks to articulating a difference between omission and nondisclosure in determining whether the court should rely on reliance or materiality.