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Articles 181 - 210 of 211
Full-Text Articles in Securities Law
Our Schizophrenic Conception Of The Business Corporation, William T. Allen
Our Schizophrenic Conception Of The Business Corporation, William T. Allen
Cardozo Law Review
No abstract provided.
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Bankruptcy Theory And The Creditors' Bargain, David G. Carlson
Articles
The article critiques the traditional "simple creditors' bargain" theory in bankruptcy law, arguing that it fails to align with libertarian principles due to its inability to justify bankruptcy discharges and its exclusion of debtors and non-creditors. It then explores an "expanded creditors' bargain," which attempts to address distributive aspects but ultimately falls short by excluding non-consensual creditors and failing to explain why contractual risk allocation is insufficient. The analysis highlights the theory's shortcomings in handling various creditor types and risks, questioning its validity in explaining bankruptcy law.
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker
Cardozo Law Review
No abstract provided.
The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein
The New/Old Law Of Securities Transfer: Calling A “Spade” A “Heart, Diamond, Club Or The Like”, Martin J. Aronstein
Cardozo Law Review
Recent changes in the law of securities transfer might be characterized as trying to put an expanding multi-faceted peg in a round hole. The proverbial round hole, of course, is the traditional negotiable instrument concept that a security is transferred by delivery. The peg is the rapidly developing system of securities issuance and holding practices in which an owner's interest in a security is evidenced by an entry on his account with a broker, bank, clearing corporation, or other intermediary, and the security itself is represented by a piece of paper in the possession of that or another third party, …
Transfer Of Securities: State And Federal Interaction, Egon Guttman
Transfer Of Securities: State And Federal Interaction, Egon Guttman
Cardozo Law Review
No abstract provided.
Negotiability, Property, And Identity, James Steven Rogers
Negotiability, Property, And Identity, James Steven Rogers
Cardozo Law Review
No abstract provided.
Stockbroker Liquidations Under The Securities Investor Protection Act And Their Impact On Securities Transfers, Michael E. Don, Josephine Wang
Stockbroker Liquidations Under The Securities Investor Protection Act And Their Impact On Securities Transfers, Michael E. Don, Josephine Wang
Cardozo Law Review
No abstract provided.
Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David G. Carlson
Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David G. Carlson
Cardozo Law Review
No abstract provided.
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Cardozo Law Review
No abstract provided.
"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin
"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin
Cardozo Law Review
No abstract provided.
Insider Trading By Foreigners In United States Securities Markets: A Pervasive Problem And Prosecutorial Nightmare, Scott M. Zemser
Insider Trading By Foreigners In United States Securities Markets: A Pervasive Problem And Prosecutorial Nightmare, Scott M. Zemser
Cardozo Law Review
No abstract provided.
Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz
Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz
Cardozo Law Review
No abstract provided.
Combine And Conquer: Rethinking The Regulation Of Stock Index Futures, Marianne T. Spinelli
Combine And Conquer: Rethinking The Regulation Of Stock Index Futures, Marianne T. Spinelli
Cardozo Law Review
No abstract provided.
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Articles
The article argues that the legal uncertainty surrounding poison pills in corporate takeovers is not accidental but a result of deliberate strategies by judges and corporate lawyers. This uncertainty encourages negotiation between incumbent management and raiders, preventing either side from having absolute control. The analysis explores the implications of this uncertainty, particularly its impact on the balance of power and management's ability to influence takeover outcomes. It also considers whether maintaining this uncertainty is more beneficial than establishing clear legal rules regarding poison pills.
Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky
Tax Payments: Are They Voidable Preferences In Low-Asset Bankruptcies?, Jodi S. Brodsky
Cardozo Law Review
No abstract provided.
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Cardozo Law Review
No abstract provided.
Proxy Preclearance And The First Amendment: The Unconstitutionality Of Rule 14a-6, Elizabeth J. Holland
Proxy Preclearance And The First Amendment: The Unconstitutionality Of Rule 14a-6, Elizabeth J. Holland
Cardozo Law Review
No abstract provided.
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
The Impact Of Fraudulent Conveyance Law On Future Advances Supported By Upstream Guaranties And Security Interests, Steven L. Schwarcz
Cardozo Law Review
No abstract provided.
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Nonconsensual Repeal Of Third-Party Beneficiary Contract Rights: Senior Creditors Under Subordination Agreements, Jessica A. Hauser
Cardozo Law Review
No abstract provided.
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Rationality, Accident, And Priority Under Article 9 Of The Uniform Commercial Code, David G. Carlson
Articles
The article argues that the priority rules under Article 9 of the Uniform Commercial Code (UCC) are not grounded in a coherent, rational principle but are instead the result of historical accidents and the influence of powerful interest groups. These rules create an asymmetrical system that favors expert lenders over amateur lenders, leading to inequities and inefficiencies. The author critiques justifications for these rules, such as efficiency and moral culpability, and advocates for a more ethical and equitable framework that aligns with societal notions of fairness.
On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks
On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks
Cardozo Law Review
No abstract provided.
Disclosure Of Preliminary Merger Negotiations, Randi S. Goldberg
Disclosure Of Preliminary Merger Negotiations, Randi S. Goldberg
Cardozo Law Review
No abstract provided.
The Appropriate Role Of Security Interests In Consumer Transactions, William C. Whitford
The Appropriate Role Of Security Interests In Consumer Transactions, William C. Whitford
Cardozo Law Review
No abstract provided.
Simultaneous Attachment Of Liens On After-Acquired Property, David G. Carlson
Simultaneous Attachment Of Liens On After-Acquired Property, David G. Carlson
Cardozo Law Review
No abstract provided.
The Voidability Of Security Interests In Tax Refunds Under Section 547 Of The Bankruptcy Code, Howard Kern
The Voidability Of Security Interests In Tax Refunds Under Section 547 Of The Bankruptcy Code, Howard Kern
Cardozo Law Review
No abstract provided.
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.
The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.
Cardozo Law Review
No abstract provided.
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport
Cardozo Law Review
No abstract provided.
Death And Subordination Under Article 9 Of The Uniform Commercial Code: Senior Buyers And Senior Lien Creditors, David G. Carlson
Death And Subordination Under Article 9 Of The Uniform Commercial Code: Senior Buyers And Senior Lien Creditors, David G. Carlson
Cardozo Law Review
No abstract provided.
Fixture Priorities, David G. Carlson
Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz
Article 9 Security Interests As Voidable Preferences: Part Ii The Floating Lien, Irving A. Breitowitz
Cardozo Law Review
No abstract provided.