Securitization Of Aberrant Contract Receivables,
2014
Chicago-Kent College of Law
Securitization Of Aberrant Contract Receivables, Thomas E. Plank
Chicago-Kent Law Review
Originators of traditional receivables, such as automobile loans, use securitization and structured finance debt transactions to obtain financing at lower net costs than traditional secured financing. The typical securitization or structured finance debt transaction combines (i) a sale of receivables to a separate, bankruptcy remote, special purpose legal entity (an “SPE”) and (ii) a loan to the SPE secured by the receivables. This combination produces lower net financing costs because the SPE’s lender can obtain repayment of its loan from the receivables while avoiding the costs that the Bankruptcy Code imposes on direct secured lenders to originators that could become …
Some Economic Insights Into Application Of Payments Doctrine: Walker-Thomas Revisited,
2014
Chicago-Kent College of Law
Some Economic Insights Into Application Of Payments Doctrine: Walker-Thomas Revisited, James W. Bowers
Chicago-Kent Law Review
Contractual relations frequently involve multiple transactions, which might give rise either to a single aggregate debt, or else to multiple differing obligations. This conflict creates the application of payments problem. Unsurprisingly, the common law developed long-standing rules for the application of partial payments to multiple, but remedially distinguishable debts. The subject is made timely again by the recent enactments of the 1999 revision of Article 9 of the Uniform Commercial Code. Article 9 instructs courts how to solve the application of payments problem when some partial payments might satisfy “purchase money” security interests. The enactments repealed the common law application …
An Economic Perspective On Subprime Lending,
2014
Chicago-Kent College of Law
An Economic Perspective On Subprime Lending, Michael H. Anderson
Chicago-Kent Law Review
This article aims to provide a concise economic overview of several interesting subprime financing mechanisms, which are becoming increasingly common on the U.S. financial landscape. In particular, rent-to-own, payday lending, pawn broking, and (vehicle) title loans are considered. Generally speaking, a common thread with these loans is their relatively small size and short duration as well as the absence of a credit check or any of the traditional processes for determining credit-worthiness. Due to the ready availability of these loans, they appeal to low-income consumers, including the “working poor,” and to those who have suffered financial setbacks. Because the natural …
Transplanting Secured Transactions Law: Trapped In The Civil Code For Emerging Economy Countries,
2014
University of Washington School of Law
Transplanting Secured Transactions Law: Trapped In The Civil Code For Emerging Economy Countries, Xuan-Thao Nguyen, Bich T. Nguyen
Articles
It is time for Vietnam to amend its secured transactions law by creating a body of secured transactions law separate from the Civil Code. This new secured transactions law should embody the international community’s unitary approach. Separating secured transactions law from the Civil Code would allow Vietnam to revise its secured transactions law to respond and adapt to market reality, without waiting for the entire Civil Code to be revised all at once.
Foreign Corrupt Practices Act Ripples,
2014
Southern Illinois University School of Law
Foreign Corrupt Practices Act Ripples, Mike Koehler
American University Business Law Review
No abstract provided.
A Canadian Model Of Corporate Governance: Where Do Shareholders Really Stand?,
2014
Allard School of Law at the University of British Columbia
A Canadian Model Of Corporate Governance: Where Do Shareholders Really Stand?, Carol Liao
All Faculty Publications
This feature article in the Director Journal summarizes the findings from the report, "A Canadian Model of Corporate Governance: Insights from Canada's Leading Legal Practitioners," produced for the Canadian Foundation for Governance Research and the Institute of Corporate Directors (also available on SSRN).
In the report, interviews were conducted with 32 leading senior legal practitioners across Canada to opine on the fundamental principles that are driving the development of Canadian corporate governance. The report found that Canadian common law has made the process of considering stakeholders in the "best interests of the corporation" more overt, well beyond what is assumed …
Non-Party Interests In Closing Opinion Letters,
2014
American University, Washington College of Law
Non-Party Interests In Closing Opinion Letters, Heather Hughes
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: What do transactional lawyers do when they issue third-party opinion letters in financial transactions? This descriptive question turns out to be quite complex'-so complex that the normative question of what lawyers should do when they issue opinions, as well as the practical question of what they could do, are difficult to answer. This Symposium Article reflects upon third-party closing opinions as a central aspect of business law practice that can be opaque to outsiders. The ideas expressed here are exploratory. In the spirit of reflecting on what transactional lawyers do, this contribution considers deal lawyer strategies as potential tools …
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications,
2013
Seattle University School of Law
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis,
2013
Seattle University School of Law
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community,
2013
Seattle University School of Law
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act,
2013
Seattle University School of Law
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma),
2013
Seattle University School of Law
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences,
2013
Seattle University School of Law
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
About The Authors,
2013
Seattle University School of Law
Table Of Contents,
2013
Seattle University School of Law
Introduction,
2013
Seattle University School of Law
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis,
2013
Seattle University School of Law
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own,
2013
Seattle University School of Law
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror,
2013
Seattle University School of Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden,
2013
Seattle University School of Law
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
