Over the course of its multi-decade existence, the Real Estate Settlement Procedures Act ("RESPA") has been amended to cover many diverse yet related “real estate” subjects. In its present iteration, two provisions — sections 2605(g) and 2609 — deal with mortgage escrow accounts, with...

The rapid rise of cryptocurrencies over the last twenty years has interjected havoc into the staid field of commercial law, one long regulated by the Uniform Commercial Code (“U.C.C.” or “UCC”). Naturally, many individuals and organizations started to count their stash of...

Micro-businesses are the lifeblood of any functioning economy: they are more numerous and, collectively, have a higher turnover than any other form of business in the majority of countries around the globe. In all parts of the world, developed and undeveloped, however, they are starved of...

This Article offers a theory of secured credit that aims to answer fundamental questions that have long percolated in the bankruptcy and secured transactions literatures. Are security interests property rights, contract rights, or something else? Why do secured creditors enjoy a priority right...

Should a proprietary claim to recover a transfer be available only for transfers made in breach of fiduciary duty, or should a proprietary claim be generally available to recover unauthorised or mistaken payments, which have traditionally given rise, in the absence of a breach of trust or...

The use of trading or business trusts in the Commonwealth has created difficulties for creditors accustomed to lending to incorporated entities, where they have direct claims ultimately enforceable against a separately constituted fund. In contrast, creditors lending to a trust have first to...

This review of Leo Katz's book, Why the Law is So Perverse, addresses three questions. First, does Katz draw the appropriate normative conclusions about legal perversities based on their connections to social choice theory? In other words, what are the legal ethics and professionalism...

The idea advanced here is that cryptocurrencies are assets consisting of as rivalrous and excludable data recorded by a trusted technology (instead of being booked by a qualified intermediary). They are rivalrous in the sense that only one person can consume the data by using it in a...

Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...