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Articles 601 - 630 of 871

Full-Text Articles in Secured Transactions

Predicting When The Uniform Law Process Will Fall: Article 9, Capture And The Race To The Bottom, Edward J. Janger Mar 1998

Predicting When The Uniform Law Process Will Fall: Article 9, Capture And The Race To The Bottom, Edward J. Janger

Faculty Scholarship

No abstract provided.

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United States V. O'Hagan: The Supreme Court Abandons Textualism To Adopt The Misappropriation Theory, Amy E. Fahey Jan 1998

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.

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Exemption For Nonperformance: Ucc, Cisg, Unidroit Principles-A Comparative Assessment, Sarah Howard Jenkins Jan 1998

Exemption For Nonperformance: Ucc, Cisg, Unidroit Principles-A Comparative Assessment, Sarah Howard Jenkins

Law Faculty Scholarship

No abstract provided.

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Harmonizing The Law Governing Secured Credit: The Next Frontier, Neil B. Cohen Jan 1998

Harmonizing The Law Governing Secured Credit: The Next Frontier, Neil B. Cohen

Faculty Scholarship

No abstract provided.

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The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White Jan 1998

The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White

Articles

In 1996, Professor Elizabeth Warren made a proposal to the American Law Institute and the Drafting Committee for Article 9 for a “20 percent set aside” for unsecured claimants. As I understand it, her proposal would amend Section 9-301 of Article 9 (the section that now implicitly subordinates a lien creditor to a prior perfected secured creditor).

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Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann Nov 1997

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 …

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Creating And Enforcing Perfected Security Interests Under Oregon Law: Understanding The Basics, Oregon Law Institute, Kathryn P. Salyer, Dennis M. Patterson Iii, Elizabeth C. Hengeveld, Edward C. Hostmann, J. Casey Mills, Steve Van Gordon Cai Gppa, Brent G. Summers, Wendy Beth Oliver Oct 1997

Creating And Enforcing Perfected Security Interests Under Oregon Law: Understanding The Basics, Oregon Law Institute, Kathryn P. Salyer, Dennis M. Patterson Iii, Elizabeth C. Hengeveld, Edward C. Hostmann, J. Casey Mills, Steve Van Gordon Cai Gppa, Brent G. Summers, Wendy Beth Oliver

Oregon Law Institute, 1997

Course Materials from the October 17, 1997 Program in Portland

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The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg Jun 1997

The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg

Michigan Law Review

The last leaf in O. Henry's classic short story was hanging by a delicate thread, but it never fell. It never fell, of course, because it wasn't real; Old Behrman had painted it (and caught pneumonia for his trouble) in order to give Johnsy the will to live. The Supreme Court's decision in Dewsnup v. Timm is also hanging by a thread, following a barrage of scholarly criticism and more than four years of limiting case law and legislative incursions on the case's core conceptual rationale. But the holding in Dewsnup, unlike the last leaf, is very real. It has …

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Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg Jan 1997

Perfecting A Security Interest In Computer Software Copyrights: Getting It Right, 15 J. Marshall J. Computer & Info. L. 855 (1997), Aimee A. Watterberg

UIC John Marshall Journal of Information Technology & Privacy Law

The rapid development of computer technology has led software companies to seek financial support from various commercial lenders. Lenders are typically unaccustomed and unwilling to lend money on the security of intellectual property. The fear of lenders is well founded because lenders face a considerable risk in lending money on contemporary and intangible collateral. As a result of the unavailability of funds, technology based companies would be hindered in their efforts to promote new programs. The unclarity of laws with respect to obtaining a security interest has created obstacles for parties on both sides of the transaction -- the lender …

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Ucc Proposals Concerning Consumer Transactions, James J. White Jan 1997

Ucc Proposals Concerning Consumer Transactions, James J. White

Other Publications

Professor Grant Gilmore once suggested that farmers would like a two section law. Section one would state "It shall be against the law to refuse to lend money to a farmer." Section two would state "It shall be against the law to collect a debt from a farmer." In a similar vein one might state the iron rule of consumer law, namely "No right that has ever been granted to a consumer, however ill considered and unjustified, may thereafter be withdrawn." Believing that some of the proposals for consumer protection that have been added in Revised Article 9 are not …

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Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn Oct 1996

Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn

Michigan Law Review

After many turbulent years of uneasy transition to a market economy, Russia is finally "open for business." Nonetheless, the transitional period remains far from over, and Russian enterprises are still starved for capital that they desperately need for retooling to convert from military to consumer production, for acquiring new equipment to replace old and worn machinery, and for undertaking new and lucrative projects. While Russian financial institutions may provide significant funding, their reserves are limited; they could not hope to finance independently the multitude of existing and potential enterprises within the expansive Russian territory. Therefore, much of the financing for …

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Credit Enhancement In Domestic Transactions: Conceptualizing The Devices And Reinventing The Law, Neil B. Cohen Jan 1996

Credit Enhancement In Domestic Transactions: Conceptualizing The Devices And Reinventing The Law, Neil B. Cohen

Faculty Scholarship

No abstract provided.

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Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, 95 Mich. L. Rev. 255 (1996), Jason Kilborn Jan 1996

Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, 95 Mich. L. Rev. 255 (1996), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.

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The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White Jan 1996

The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White

Other Publications

I. Standard Form Contracts II. Buyer in Ordinary Course; Prepaying Buyer III. Consignments IV. Seller's Right to Reclaim Delivered Goods

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Cross-Border Lending: What's Different This Time, Lee C. Buchheit Jan 1995

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 …

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Preface: Latin American Debt In The 1990s: A New Scenario For Creditors And Debtors, Lee C. Buchheit, Ralph Reisner Jan 1995

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.

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Brief Incursion Into Bankruptcy And The Enforcement Of Creditor's Rights In Brazil, Antonio Mendes Jan 1995

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.

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Mexico's Banks After The December 1994 Devaluation--A Chronology Of The Government's Response, Roy A. Karaoglan, Mike Lubrano Jan 1995

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 …

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Latin American Debt Obligations In The 1990s: Risk Strategies: Remedies And Judicial Enforcement, Lee C. Buchheit, Emilio Cardenas, Antonio Mendes, Thomas Heather Jan 1995

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.

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Restructuring Strategies For Mexican Eurobond Debt, Duncan N. Darrow, Peter V. Darrow, Douglas A. Doetsch, Miguel Jauregui-Rojas Jan 1995

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.

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They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg Jan 1995

They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg

Law Faculty Scholarly Articles

"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …

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Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne Jan 1995

Credit Reports And The Fair Credit Reporting Act, 28 J. Marshall L. Rev. 365 (1995), Roland C. Claiborne

UIC Law Review

No abstract provided.

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The Transformation Of French Corporate Governance And United States Institutional Investors, James Fanto Jan 1995

The Transformation Of French Corporate Governance And United States Institutional Investors, James Fanto

Faculty Scholarship

No abstract provided.

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Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White Jan 1995

Reforming Article 9 Priorities In Light Of Old Ignorance And New Filing Rules (Symposium: 'Managing The Paper Trail': Evaluating And Reforming The Article 9 Filing System), James J. White

Articles

The other papers in this Symposium demonstrate that we have the technical capacity to build a filing system that will exceed the expectations of Grant Gilmore in every dimension.1 With more thought about what is put into the system and more clever software to get it out, the most sophisticated system possible under current technology will store and produce enough information about a debtor to give the ACLU a fright. All of the issues on improving the filing system are important, but I do not concern myself with any of them directly. I am here discuss a different question. In …

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Abolish The Article 9 Filing System, Peter A. Alces Jan 1995

Abolish The Article 9 Filing System, Peter A. Alces

Faculty Publications

No abstract provided.

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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 Jan 1995

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 …

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The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White Jan 1995

The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White

Other Publications

Both Article 2, Sales and Article 9, Secured Transactions are under revision. The process of coordination is underway, but there is still much work to do. The following materials identify the major issues at the intersections and some tentative solutions. All references are to the 1990 Official Text of the Uniform Commercial Code unless otherwise stated. When stated, references are to the October, 1995 Draft of Article 2 and the July, 1995 Draft of Article 9.

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Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes Oct 1994

Dynamic Economic Analyses Of Selected Provisions Of Corporate Law: The Absolute Delegation Rule, Disclosure Of Intermediate Estimates And Ipo Pricing, Royce De R. Barondes

Faculty Publications

This Article examines three separate aspects of the relationships between corporations and their securityholders from a dynamic economic perspective: (i) the feasibility of permitting shareholders to participate in the management of their corporations through the exercise of voting rights, (ii) Rule 3b-6, the safe harbor for projections (the Safe Harbor)8 under the Securities Exchange Act of 1934 (the 1934 Act),9 and (iii) the extraordinary returns available from investing in initial public offerings (IPO's). Three particular dynamic aspects are implicated in these situations.

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Environmental Remediation Liabilities: An Accountant's Perspective, Amy A. Ripepi Jan 1994

Environmental Remediation Liabilities: An Accountant's Perspective, Amy A. Ripepi

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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Disclosing Expenses And Liabilities Under The Clean Air Act Amendments Of 1990 In Securities Filings, Mark A. Stach Jan 1994

Disclosing Expenses And Liabilities Under The Clean Air Act Amendments Of 1990 In Securities Filings, Mark A. Stach

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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