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- St. Mary’s University School of Law (9)
- Secured transactions (4)
- Chattel mortgage act (3)
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Articles 31 - 39 of 39
Full-Text Articles in Secured Transactions
Owner In Texas Not Precluded From Providing Additional Security., Margaret Mccracken
Owner In Texas Not Precluded From Providing Additional Security., Margaret Mccracken
St. Mary's Law Journal
Abstract Forthcoming.
Introduction Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations - Introduction., Joseph C. Long
Introduction Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations - Introduction., Joseph C. Long
St. Mary's Law Journal
Abstract Forthcoming.
Approaches To The Regulation Of Franchises, Founder-Member Contracts, And Referral Sales Agreements Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Patrick K. Sheehan
St. Mary's Law Journal
Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …
Oil Interests As Securities: The Enumerated Vs. The General Definition Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., David W. Townend
St. Mary's Law Journal
Abstract Forthcoming.
Applying Securities Regulations To Sales Of Club Memberships Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., James P. Brennan
St. Mary's Law Journal
The term “association” ordinarily suggests a collective of people bound together in pursuit of a particular purpose. The purpose of many associations is to realize financial gain through investing members’ money under circumstances that may amount to the sale of a security by the association. There are various types of associations that sell club memberships. These transactions lie either within or without the scope of federal and state securities acts. In examining the substance of membership in an association, courts have identified the elements that determine whether a transaction is a security. The elements include the investment of a member’s …
Creditors' Self-Help Remedies Under Ucc Section 9-503: Violative Of Due Process In Texas., David Hughes
Creditors' Self-Help Remedies Under Ucc Section 9-503: Violative Of Due Process In Texas., David Hughes
St. Mary's Law Journal
In Sniadach v. Family Fiance Corp. and Fuentes v. Shevin, the Supreme Court stated that the due process clause of the 14th Amendment requires notice and an opportunity to be heard before seizing property under color of state law. Accordingly, creditor self-help repossession under Section 9.503 of the Uniform Commercial Code, and its Texas counterpart, are now constitutionally suspect, which can be seen in the numerous constitutional attacks in federal courts. Because deprivation of due process requires some form of state action, numerous cases have litigated the scope of state action. To find state action, there must be conduct of …
Perfection Of A California Tax Lien., Lewis D. Wall
Perfection Of A California Tax Lien., Lewis D. Wall
St. Mary's Law Journal
Abstract Forthcoming.
Mobile Home Financing., James N. Castleberry
Mobile Home Financing., James N. Castleberry
St. Mary's Law Journal
Abstract Forthcoming.
A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan
A Prejudgment Remedy Myst Provide Notice And A Prior Hearing., Michael J. Noonan
St. Mary's Law Journal
Abstract Forthcoming.