The Frontiers Of Peer-To-Peer Lending: Thinking About A New Regulatory Approach,
2016
Duke Law
The Frontiers Of Peer-To-Peer Lending: Thinking About A New Regulatory Approach, William S. Warren
Duke Law & Technology Review
The growth of online alternative lending presents several advantages for both those seeking credit and those with excess capital to lend. Over the past decade, several different models of peer-to-peer lending have emerged in the US and U.K. Each of these models has developed in response to the different regulatory system it faces, which has led to the models’ different risk and reward profiles. However, the current regulatory framework for regulating peer-to-peer lending, especially in the U.S., leaves much to be desired. The inadequate regulatory regime not only hampers the potential for growth and further innovation in the industry, but …
Force-Placed Insurance: The Lending Industry's "Dirty Little Secret",
2016
IIT Chicago-Kent College of Law
Force-Placed Insurance: The Lending Industry's "Dirty Little Secret", Dana Cronkite
Chicago-Kent Law Review
Force-placed insurance, also called lender-placed insurance, is the insurance policy mortgage lenders obtain on behalf of borrowers when borrowers fail to maintain hazard insurance on their homes. Although the possibility of force-placed insurance is contemplated by mortgage contracts, the policies often provide little coverage and are much costlier than insurance policies acquired on the open market. Lenders obtain the policies at unfairly high prices and sometimes receive kickbacks from the force-placed insurance companies, while borrowers alone bear the burden of paying for them. As such, lenders have no incentive to obtain force-placed insurance at fair prices with adequate coverage. The …
Prostitution Policy: Legalization, Decriminalization And The Nordic Model,
2016
Seattle University School of Law
Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble
Seattle Journal for Social Justice
No abstract provided.
Don’T Risk It; Wait Until She’S Sober,
2016
Seattle University School of Law
Don’T Risk It; Wait Until She’S Sober, Patrick John White
Seattle Journal for Social Justice
No abstract provided.
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State,
2016
Seattle University School of Law
Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves
Seattle Journal for Social Justice
No abstract provided.
Living Under The Boot: Militarization And Peaceful Protest,
2016
Seattle University School of Law
Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra
Seattle Journal for Social Justice
No abstract provided.
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate,
2016
Seattle University School of Law
Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada
Seattle Journal for Social Justice
No abstract provided.
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement,
2016
Seattle University School of Law
His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert
Seattle Journal for Social Justice
No abstract provided.
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors,
2016
Seattle University School of Law
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala,
2016
Seattle University
Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee
Seattle Journal for Social Justice
No abstract provided.
Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It,
2016
Pepperdine University
Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It, Florian Gamper
The Journal of Business, Entrepreneurship & the Law
An empty creditor is a creditor who, through the use of derivatives, especially credit default swaps (CDSs), takes a position where she retains the legal rights of a creditor but has little or no economic exposure to a borrower. Thus far, the debate on empty creditors has focused mainly on how the law should react to the perceived problem of empty creditors. The debate also covers the prominent argument that empty creditors violate the underlying corporate law assumption that creditors and shareholders hold their legal rights in proportion to their economic exposure to a company. This article argues that the …
The Hierarchy Of Priority,
2016
Pepperdine University
The Hierarchy Of Priority, Paul Wangerin
The Journal of Business, Entrepreneurship & the Law
The analysis in this article suggests that there is a hierarchy of priorities in Article 9 of the UCC and that this hierarchy is relatively simple to describe. The analysis here describes this hierarchy by engaging in a two-part analysis. Part I suggests that the rules for priorities in Article 9 come out of the interaction of a number of variables, variables that are well-known to everybody who is familiar with Article 9. Part II suggests that the variables described in Part I allow us to put all of the important rules about priorities into a simple chart that shows …
Contracting In The Age Of The Internet Of Things: Article 2 Of The Ucc And Beyond,
2016
New York Law School
Contracting In The Age Of The Internet Of Things: Article 2 Of The Ucc And Beyond, Stacy-Ann Elvy
Articles & Chapters
This Article analyzes the global phenomenon of the Internet of Things (“IOT”) and its potential impact on consumer contracts for the sale of goods. Recent examples of IOT products include Amazon’s Dash Replenishment Service, which allows household devices to automatically reorder goods. By 2025, the IOT is estimated to have an economic impact of as much as $11.1 trillion. To date, there are approximately fifteen billion interconnected devices, and by 2020, there will be fifty billion such devices worldwide. IOT devices will revolutionize the way that consumers shop for consumable supplies and other goods. Consumers will no longer need to …
The Imperfect State Of Patent Perfection,
2016
The University of Akron
The Imperfect State Of Patent Perfection, Yongae Jun
Akron Intellectual Property Journal
The state of the law regarding perfection of security interests in patents is uncertain. Attorneys advise their clients to record with both the state and the federal registration systems in order to perfect their security interests. Moreover, the Supreme Court missed its opportunity to clarify the ambiguity when it denied certiorari to Cybernetic Services. This comment will attempt to make sense of this area of the law and formulate an opinion as to what the law should be. Part II of this comment will interpret Section 261 through textual analysis, canons of construction, and legislative history. Part III will explore …
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin,
2016
Seattle University School of Law
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt
Seattle University Law Review
This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can be categorized in order to …
Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce,
2016
Pepperdine University
Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce, Sarah Bolling Mancini, Alys Cohen
Pepperdine Law Review
The death of a borrower too often brings the surviving spouse or other heirs to the brink of foreclosure. Transfer of the marital home to a non-borrower spouse through divorce may lead to the same problems. Mortgage servicers tell these successor homeowners that because they are not the borrower on the loan, they are not entitled to any information about the mortgage secured by their home and cannot apply for a loan modification, even if they are struggling with the payments. In fact, successors have a right to information, the right to assume liability for the loan, and the right …
The Business Of Art Theft: Assessing Auction House Standard Of Care And The Sale Of Stolen Cultural Property,
2016
American University Washington College of Law
The Business Of Art Theft: Assessing Auction House Standard Of Care And The Sale Of Stolen Cultural Property, Alexandra M.S. Wilson
American University Business Law Review
No abstract provided.
Friends With Benefits: Analyzing The Implications Of United States V. Newman For The Future Of Insider Trading,
2016
American University Washington College of Law
Friends With Benefits: Analyzing The Implications Of United States V. Newman For The Future Of Insider Trading, Tebsy Paul
American University Business Law Review
No abstract provided.
Broker-Dealer Law Reform: Financial Intermediaries In A State Of Limbo,
2016
Brooklyn Law School
Broker-Dealer Law Reform: Financial Intermediaries In A State Of Limbo, Alexander R. Tiktin
Brooklyn Law Review
No abstract provided.
The Hierarchy Of Priority, 9 J. Bus. Entrepreneurship & L. 153 (2016),
2016
John Marshall Law School
The Hierarchy Of Priority, 9 J. Bus. Entrepreneurship & L. 153 (2016), Paul T. Wangerin
UIC Law Open Access Faculty Scholarship
Because “priorities” are such an important and difficult issue in Article 9 of the Uniform Commercial Code (“UCC”), most commentators use what might be called an individualized or seriatim approach to priorities. For example, most commentators start by describing the rules of priorities for individual kinds of properties or for individual kinds of transactions. Then the commentators move on to second kinds of properties or transactions and describe the priorities for them, and then to a third, etc. However, because the priority rules are so difficult, the individualized or seriatim approach to discussions of priorities often generates confusion or a …
