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International Secured Transactions And Insolvency, Arnold S. Rosenberg, Judith Elkin, Dr. Gordon Geiser, Christian Kohler-Ma 2021 Southern Methodist University

International Secured Transactions And Insolvency, Arnold S. Rosenberg, Judith Elkin, Dr. Gordon Geiser, Christian Kohler-Ma

The Year in Review

No abstract provided.


Unstoppable Gamestop: The Legislature’S Gap In Regulating Open Market Manipulations, Suzin Win 2021 Golden Gate University School of Law

Unstoppable Gamestop: The Legislature’S Gap In Regulating Open Market Manipulations, Suzin Win

Student Publications

When imagining a modern David and Goliath story, one would not normally think of a group of Wall Street hedge funds versus individuals on a forum on Reddit.com. In January of 2021 though, many headlines made this comparison, as online traders frantically purchased GameStop stock (“GME”) and drove the prices sky-high, while large hedge funds faced up to $19 billion in losses. Throughout January and mid-February, users of the Reddit forum r/WallStreetBets began buying GME for collective entertainment reasons. What began as a “meme stock” that users purchased to comically pump the stock of a chain of mall ...


Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr. 2021 Gakushuin University

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms ...


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Securing Crypto: Exempting Certain Cryptoassets From The Arkansas Securities Act, Jesse Kloss 2020 University of Arkansas, Fayetteville

Securing Crypto: Exempting Certain Cryptoassets From The Arkansas Securities Act, Jesse Kloss

Arkansas Law Review

Out of fifty states in 2019, Arkansas was ranked forty-fourth for technology and innovation with a grade of “F,” thirty-sixth for economy with a grade of “D+,” and thirty-seventh for business friendliness with a grade of “D+.” It is time to make Arkansas an innovation and business friendly state. Exempting certain fully functional cryptoassets, those that have some purpose other than a speculative or investment purpose, from the Arkansas Securities Act is one step towards doing so.


Enough Is As Good As A Feast, Noah C. Chauvin 2020 Seattle University School of Law

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Virtual Currency As Crypto Collateral Under Article 9 Of The Ucc: Trying To Fit A Square Peg In A Round Hole, Sharon E. Foster 2020 University of Arkansas, Fayetteville

Virtual Currency As Crypto Collateral Under Article 9 Of The Ucc: Trying To Fit A Square Peg In A Round Hole, Sharon E. Foster

Arkansas Law Review

This Article addresses the current state of academic discussion regarding the problems of creating an enforceable security interest under Article 9 of the Uniform Commercial Code (UCC) using virtual currency, such as bitcoin, as collateral. While academic discussion is helpful and, indeed, may one day be adopted by a court and become law, the primary problem in using virtual currency as collateral is the uncertainty regarding using Article 9 to create an enforceable security interest in virtual currency. Simply put, Article 9 does not specifically address virtual currency as collateral, and we have no case law at this time to ...


New Things Under The Sun: How The Cftc Is Using Virtual Currencies To Expand Its Jurisdiction, James Michael Blakemore 2020 University of Michigan Law School

New Things Under The Sun: How The Cftc Is Using Virtual Currencies To Expand Its Jurisdiction, James Michael Blakemore

Arkansas Law Review

A decade has passed since Bitcoin solved a fundamental problem plaguing virtual currencies: How to ensure, without resort to financial intermediaries or other trusted central authorities, that a unit of digital currency can be spent only once. In that time, Bitcoin has inspired countless follow-on projects. Some have attempted to improve the technology’s potential use for digital cash, by, for example, increasing the number of transactions processed per second or improving user privacy. Others have strayed further from Bitcoin’s original intent, building on blockchain—Bitcoin’s central innovation—to enable distributed computing and so-called smart contracting, decentralized lending ...


Chasing Perfection: Collateral Indications And Ambiguous Debtor Names On Financing Statements Under Article 9, Eric M. Sherman 2020 Boston College Law School

Chasing Perfection: Collateral Indications And Ambiguous Debtor Names On Financing Statements Under Article 9, Eric M. Sherman

Boston College Law Review

Article 9 of the Uniform Commercial Code sought to create consistent commercial laws governing secured transactions across the United States. One of its principal tenets is that secured lenders must provide notice to other lenders of their stake in a debtor’s personal property or fixtures. Secured lenders do so by filing a financing statement, a form that third parties can access to see who has a security interest in what. Two important aspects of the financing statement are the collateral indication and the debtor name. This Note will explore the nuances of the collateral indication and debtor name in ...


Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon 2020 Brooklyn Law School

Revising The Debt Limit For “Small Business Debtors”: The Legislative Half-Measure Of The Small Business Reorganization Act, Michael C. Blackmon

Brooklyn Journal of Corporate, Financial & Commercial Law

Bankruptcy law changed drastically in 2019 with the passage of several bills. This Note will examine two of them. First, the Family Farmer Relief Act of 2019 raised the debt limit of the family farmer from $4,411,400 to $10,000,000. This enables more financially distressed family farmers to be eligible for Chapter 12 relief, a reorganizational tool designed for farmers. Second, the Small Business Reorganization Act of 2019 created Subchapter V – Small Business Debtor Reorganization in Chapter 11. This new Subchapter streamlined the reorganization process for small business debtors by removing roadblocks which often derail a reorganization ...


Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden 2020 Roger Williams University School of Law

Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Lessons From Case Study Of Secured Transactions With Bitcoin, Xuan-Thao Nguyen 2020 INDIANA UNIVERSITY MCKINNEY SCHOOL OF LAW

Lessons From Case Study Of Secured Transactions With Bitcoin, Xuan-Thao Nguyen

Science and Technology Law Review

No abstract provided.


Nine Questions For The Article 9 Professor, Timothy R. Zinnecker 2020 Campbell University School of Law

Nine Questions For The Article 9 Professor, Timothy R. Zinnecker

Scholarly Works

No abstract provided.


In Memory Of Professor James E. Bond, Janet Ainsworth 2020 Seattle University School of Law

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


U.S. Regulation Of Blockchain Currencies: A Policy Overview, Heather Hughes 2020 American University, Washington College of Law

U.S. Regulation Of Blockchain Currencies: A Policy Overview, Heather Hughes

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts 2019 Brooklyn Law School

Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts

Brooklyn Journal of Corporate, Financial & Commercial Law

Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the ...


Personal Property Security Law: International Ambitions And Local Realities, Giuliano G. Castellano, Andrea Tosato 2019 The University of Hong Kong

Personal Property Security Law: International Ambitions And Local Realities, Giuliano G. Castellano, Andrea Tosato

Faculty Scholarship at Penn Law

Personal property security law is a key element of “access to credit” and “financial inclusion”. The prevailing view is that a legal framework enabling the effective use of personal property as collateral markedly benefits both lenders and borrowers. Lenders can offer financing at a lower cost thanks to reduced credit risk; borrowers can access funding by leveraging the otherwise unavailable value of the assets integral to their operations.

Over the past century, the priorities of personal property security law have evolved fundamentally. As small and medium-sized enterprises (SMEs) and individual entrepreneurs have become the growth engine of both developed and ...


Concept Release On Harmonization Of Securities Offering Exemptions; File Number S7-08-19, Robert Anderson, Samantha Prince, John Neil Conkle, Sarah Zomaya 2019 Pepperdine School of Law

Concept Release On Harmonization Of Securities Offering Exemptions; File Number S7-08-19, Robert Anderson, Samantha Prince, John Neil Conkle, Sarah Zomaya

Samantha J. Prince

No abstract provided.


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