This paper is the outcome of a related broader project, exploring the explanatory power of the Legal Theory of Finance, which proposes a new institution-based analytical framework for the analysis of phenomena of financial markets. One of its most important theoretical assumptions, the legal...

This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...

Theory can have profound effects on practice, some intended and desirable, others unintended and undesirable. That's the story of the influence the field of law and economics has had on the domain of law and accounting. That influence comes primarily from agency theory and modern finance theory,...

This article covers the scope of revised Article 9, attachment, choice of law for perfection, effect of perfection, priority, perfection by filing, perfection outside Article 9 for goods covered by certificates of title, perfection by possession, perfection by control and automatic perfection

This article seeks to demonstrate that when granting relief under the Cross-Border Insolvency Regulations 2006, the English court may apply foreign law consistent with the US Chapter 15 jurisprudence. Three practical areas where the application of foreign law is often important are bankruptcy...

The court in Mayhew v. King 2010] EWHC 1121 (Ch) failed to recognise that the principle against divestiture has nothing to do with the principle of pari passu distribution. However, the court's actual application of the principle is in many respects a healthy repudiation of the Court of Appeal's...

Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...

This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

Bank debit cards may look like credit cards, but they certainly do not act like them when it comes to account overdrafts. This does not suggest that credit cards are better than debit cards, as complaints abound concerning the transparency of fees charged to consumers for credit card...

The focus of this chapter is on the process of “harmonising” Commercial (Contract) Law as a key means of promoting cross-border transactions between businesses. One key question appears to have not been considered adequately with many harmonisation initiatives: what is in the best interests...