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Secured Transactions Commons™

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Articles 1 - 16 of 16

Full-Text Articles in Secured Transactions

Internationalizing The Law Of Secured Credit: Perspectives From The U.S. Experience, Neil B. Cohen Apr 1999

Internationalizing The Law Of Secured Credit: Perspectives From The U.S. Experience, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Straightening Out Strougo: The Maryland Legislative Response To Strougo V. Scudder, Stevens & (And) Clark, Inc., James J. Hanks Jr. Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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 Jan 1999

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.


Towards A Market Economy: Security Devices For China, Guanghua Yu Jan 1999

Towards A Market Economy: Security Devices For China, Guanghua Yu

Washington International Law Journal

From 1949 to 1978, China's economy was centrally directed under a very rigid system of state planning. Under the planning system, security devices were not widely used. The government drew specific plans for enterprises and the Ministry of Finance used banks to allocate the funds to enterprises or projects. The banks, however, did not have to screen projects and monitor the use of funds after disbursements. They merely distributed the money to enterprises and collected the profits. Recognizing the shortcomings of central planning based almost exclusively on public ownership over the means of production, China embarked on an economic reform …


Secured Transactions History: The Fraudulent Myth, George Lee Flint Jr Jan 1999

Secured Transactions History: The Fraudulent Myth, George Lee Flint Jr

Faculty Articles

England first adopted Germanic law banning nonpossessory secured transactions because at the time, England was controlled by the Normans. The ban persisted as long as statutes favored alternative security devices, namely the pledge and the collusive judgment, the major competing security device. But the allowance of interest after 1571 obviated the advantage of the pledge to surreptitiously generate interest under the usury ban. The 1677 Statute of Frauds destroyed the priority of the collusive judgment, changing its priority from date of the judgment entered to the delivery of the writ of execution to the sheriff for execution. The nonpossessory secured …


Impact Of The Capital Markets On Real Estate Law And Practice, 32 J. Marshall L. Rev. 269 (1999), Michael H. Schill Jan 1999

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.


International Secured Transactions And Revised Ucc Articles 9, Neil B. Cohen, Edwin E. Smith Jan 1999

International Secured Transactions And Revised Ucc Articles 9, Neil B. Cohen, Edwin E. Smith

Faculty Scholarship

No abstract provided.


Secured Transactions History: The Impact Of Textile Machinery On The Chattel Mortgage Acts Of The Northeast, George Lee Flint Jr. Jan 1999

Secured Transactions History: The Impact Of Textile Machinery On The Chattel Mortgage Acts Of The Northeast, George Lee Flint Jr.

Oklahoma Law Review

No abstract provided.


Secured Transactions History: The Impact Of Textile Machinery On The Chattel Mortgage Acts Of The Northeast, George Lee Flint Jr. Jan 1999

Secured Transactions History: The Impact Of Textile Machinery On The Chattel Mortgage Acts Of The Northeast, George Lee Flint Jr.

Oklahoma Law Review

No abstract provided.


Secured Transactions History: The Impact Of Textile Machinery On The Chattel Mortgage Acts Of The Northeast, George Lee Flint Jr Jan 1999

Secured Transactions History: The Impact Of Textile Machinery On The Chattel Mortgage Acts Of The Northeast, George Lee Flint Jr

Faculty Articles

The northeastern states passed chattel mortgage statues in the 1830s to replace the rebuttable rule acknowledging third party rights to the collateral, which created litigation to enforce a nonpossessory secured transaction. The rebuttable rule presumed that debtor possession of the collateral was fraud, but also allowed the secured party to present rebuttal evidence of his good faith in the transaction. The rebuttable rule negatively affected the textile machinery industry, allowing third parties to collect over the original creditor. In an effort to maneuver around the rebuttable rule, machinery manufacturers turned to a host of legal remedies, but eventually decided on …


A Central Filing System For Financing Statements, Arthur H. Travers Jr., John L. Mccabe Jan 1999

A Central Filing System For Financing Statements, Arthur H. Travers Jr., John L. Mccabe

Publications

No abstract provided.