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- St. Mary’s University School of Law (4)
- Inc. (3)
- Securities Act of 1933 (3)
- St. Mary’s Law Journal (3)
- Howey test (2)
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- Investment contracts (2)
- Securities (2)
- Adams v. Egley (1)
- Adickes v. S. H. Kress & Co. (1)
- Associations (1)
- Blue Sky Laws (1)
- Burton v. Wilmington Parking Authority (1)
- Chapman v. Rudd Paint & Var-nish Co (1)
- Condominiums (1)
- Cooperative housing corporations (1)
- D. H. Overmyer Co. v. Frick Co. (1)
- David Hughes (1)
- Due process clause of 14th amendment (1)
- Emery v. So-Soft of Ohio (1)
- Financing schemes (1)
- Florida Discount Centers (1)
- Forman v. Community Services (1)
- Founder-member contracts (1)
- Franchises (1)
- Fraud (1)
- Fuentes v. Shevin (1)
- Groby v. State (1)
- Hacker v. Goldberg (1)
- Hall v. Garson (1)
- Inc. v. Antinori (1)
Articles 1 - 30 of 33
Full-Text Articles in Secured Transactions
Jurisdictional And Procedural Aspects Of Securing Judgments Against Parties Secondarily Liable - A Proposal For Reform., Gershon D. Cohen
Jurisdictional And Procedural Aspects Of Securing Judgments Against Parties Secondarily Liable - A Proposal For Reform., Gershon D. Cohen
St. Mary's Law Journal
Abstract Forthcoming.
Financial Record Privacy - What Are And What Should Be The Rights Of The Customer Of A Depository Institution., Dan L. Nicewander
Financial Record Privacy - What Are And What Should Be The Rights Of The Customer Of A Depository Institution., Dan L. Nicewander
St. Mary's Law Journal
Abstract Forthcoming.
Financing Statement Covering After-Acuired Inventory Filed Solely Under Debtor's Trade Name In Non-Complying Bulk Sale Allows Seller's Secured. Creditors A Perfected Security Interest In Purchaser's After-Acquired Property And Priority Over Purchaser's Prior Secured Creditors To Extent Of Value Of Inventory Collateral Transferred Procedure Forum - Case Note., Katherine Compton
St. Mary's Law Journal
Abstract Forthcoming.
Truth In Lending Simplification And Reform Act: Changes Affecting Disclosure Requirements In Home Mortgage Transactions., Susan C. Shank
Truth In Lending Simplification And Reform Act: Changes Affecting Disclosure Requirements In Home Mortgage Transactions., Susan C. Shank
St. Mary's Law Journal
Abstract Forthcoming.
Uslta: Article 5 Construction Liens Analyzed In Light Of Current Texas Law On Mechanics' And Materialmen's Liens ., Sara E. Dysart
Uslta: Article 5 Construction Liens Analyzed In Light Of Current Texas Law On Mechanics' And Materialmen's Liens ., Sara E. Dysart
St. Mary's Law Journal
Abstract Forthcoming.
Consideration Paid For Loan Option Is Bona Fide Commitment Fee, Not Interest, Despite Label Attached And Amount Charged., Sara Greenwood
Consideration Paid For Loan Option Is Bona Fide Commitment Fee, Not Interest, Despite Label Attached And Amount Charged., Sara Greenwood
St. Mary's Law Journal
Abstract Forthcoming.
Legal Opinion Letters And Texas Usury Laws., Albert H. Hiller, G. Christopher Scruggs
Legal Opinion Letters And Texas Usury Laws., Albert H. Hiller, G. Christopher Scruggs
St. Mary's Law Journal
Abstract Forthcoming.
Introduction: Texas Usury Law - Some Interesting Anomalies., Sanford A. Weiner
Introduction: Texas Usury Law - Some Interesting Anomalies., Sanford A. Weiner
St. Mary's Law Journal
Abstract Forthcoming.
The Regulation Of Interest; Practice And Procedure Early Regulation Student Symposium: A Study Of Texas Usury Law., Forrest M. Smith Iii
The Regulation Of Interest; Practice And Procedure Early Regulation Student Symposium: A Study Of Texas Usury Law., Forrest M. Smith Iii
St. Mary's Law Journal
Abstract Forthcoming.
Transactional Analysis In Usury Law: The Identification Of Interest Student Symposium: A Study Of Texas Usury Law., Jack H. Robison
Transactional Analysis In Usury Law: The Identification Of Interest Student Symposium: A Study Of Texas Usury Law., Jack H. Robison
St. Mary's Law Journal
Abstract Forthcoming.
Article 5236e - The Vanishing Panacea., Patrick K. Sheehan
Article 5236e - The Vanishing Panacea., Patrick K. Sheehan
St. Mary's Law Journal
Abstract Forthcoming.
Recovery Of Usurious Interest Paid Is Not Authorized As A Forfeiture Under Article 5069-1.06(1)., Taylor S. Boone
Recovery Of Usurious Interest Paid Is Not Authorized As A Forfeiture Under Article 5069-1.06(1)., Taylor S. Boone
St. Mary's Law Journal
Abstract Forthcoming.
Computing Interest Rebates Under The Rule Of 78ths: A Formula For Usury Upon Default In Maximum-Interest Precomputed Credit Transactions., Michael R. Perna
Computing Interest Rebates Under The Rule Of 78ths: A Formula For Usury Upon Default In Maximum-Interest Precomputed Credit Transactions., Michael R. Perna
St. Mary's Law Journal
Abstract Forthcoming.
A Bank's Equitable Right Of Set-Off Is Subordinate To A Perfected Security Interest In An Instrument., Gregory Neill Jones
A Bank's Equitable Right Of Set-Off Is Subordinate To A Perfected Security Interest In An Instrument., Gregory Neill Jones
St. Mary's Law Journal
Abstract Forthcoming.
Creditor's Demand Upon Buyer's Default For Amount Including Unearned Interest Constitutes Charging., Peter L. Bloodworth
Creditor's Demand Upon Buyer's Default For Amount Including Unearned Interest Constitutes Charging., Peter L. Bloodworth
St. Mary's Law Journal
Abstract Forthcoming.
Landlord May Not Exercise Contractual Lien Over Tenant's Property Without Affording Opportunity For Prior Notice And Hearing., Betsy Hall
St. Mary's Law Journal
Abstract Forthcoming.
Sellers' Right To Reclaim Has Priority Over A Perfected Security Interest., James M. Smith
Sellers' Right To Reclaim Has Priority Over A Perfected Security Interest., James M. Smith
St. Mary's Law Journal
Abstract Forthcoming.
An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney
An Unpaid Subcontractor Is Entitled To An Equitable Lien On The Retainage When There Is No Bond., Martha I. Macartney
St. Mary's Law Journal
Abstract Forthcoming.
Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer
Declining Balance Of Principle Must Be Accounted For When Calculating Interest At The Maximum Legal Rate., Richard Meyer
St. Mary's Law Journal
Abstract Forthcoming.
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
St. Mary's Law Journal
Abstract Forthcoming.
The Hardeman Act - Some Unanswered Questions., M.K. Woodward
The Hardeman Act - Some Unanswered Questions., M.K. Woodward
St. Mary's Law Journal
Abstract Forthcoming.
Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell
Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell
St. Mary's Law Journal
Abstract Forthcoming.
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
A Review Of Significant Legislation And Case Law Concerning Consumer Credit., Joe P. Smyer
St. Mary's Law Journal
Abstract Forthcoming.
Real Estate Investments As Securities: The Sufficiency Of The Howey Test Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., John W. Mcleod
St. Mary's Law Journal
The purpose of this article is to examine the kind of protection afforded to real estate investors through the securities acts passed the 1930s. The Supreme Court decision in SEC v. W.I. Howey Co. (1946) held that a security exists when (1) there is an investment of money (2) in a common enterprise (3) with profits to come solely from the efforts of others. This study considers the criticisms of Howey by two legal commentators of the late 1960s, Professor Coffee and Professor Long, in its examination of three main types of real estate investments: land syndications, condominiums, and cooperative …
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 …