Browse Items (14 total)

36ArizLRev611.pdf
This Article begins by explaining the problem confronting the participant in the benefits-due lawsuit under the relevant ERISA remedies provision, section 502(a). The Article then reviews the various approaches to the problem taken by the federal and…

64SMULRev535.pdf
Securities regulation deals primarily with the laws preventing and providing remedies for fraud in the sale of stocks and bonds. Texas has two major statutes to combat securities fraud: the Texas Securities Act (TSA) and what is referred to here as…

52TexLRev1433.pdf
The Sa/go court amplified considerably the election inspector's discretionary authority beyond the limit imposed by American cases. However, in following the New York statute's rule confining the inspector to the transfer books, it created an…

53TexLRev1243.pdf
The development of a substantial options market poses special risks to investors and to the securities market. Failing to understand the market mechanics, the investor risks encountering more precipitous losses in options than in other securities…

39CathULRev133.pdf
The recent increase in litigation over the proper rule for judicial review of discretionary plan administrator decisions made for employee benefit plans indicates that few employers have realized the importance of the problem. Whether a court reviews…

39UKanLRev297.pdf
This Article first examines the problem currently facing the appellate courts as to whether a party may initially raise ERISA preemption after trial or on appeal. The Article then reviews the various approaches to the problem by the appellate courts.…

20NIllULRev1.pdf
This article examines the readily findable pre-chattel mortgage act appellate opinions for factual data bearing on the early use of the non possessory secured transaction. These decisions range from inception of the non possessory secured transaction…

48SDLRev7.pdf
The first section describes the historical development of contribution and indemnity, from a contractual obligation to a court implied obligation followed by an expansion to various federally regulated fields. The second section investigates the…

84NebLRev313.pdf
Circuit courts, rather than developing a uniform federal common law rule applicable to all persons similarly situated, have instead chosen to use the very same state law that ERISA supposedly preempted. So Even more shocking is that the state law…

25LoyLALRev361.pdf
This Article outlines the statutory scheme that permits the dual jurisdiction over ERISA lawsuits for benefits and explains the significance of a jury trial to the participant-beneficiary's lawsuit. This Article then discusses the principles used to…

29NMLRev363.pdf
This article provides an explanation for the rise of the nonpossessory secured transaction in Anglo-American jurisdictions and exposes the legal prerequisites to their rise.

37ValULRev703.pdf
This Article begins to correct the view that chattel mortgage acts began in the northeastern United States. First, this Article investigates whether Spanish law recognized chattel mortgages against third persons. Finding that Spanish law did, this…

30WmMitchellLRev1403.pdf
This article aims to determine when, where, and under what circumstances the first chattel mortgage statutes arose. This article first examines the southern colonial statutes mentioned in those early American appellate opinions and traces them to…
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