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In The End of Negotiable Instruments: Bringing Payments Systems Law Out of the Past, author James Rogers challenges the basic assumptions of the law of checks and notes and its history, and provides a well-reasoned account of how the law could be changed to better suit the evolution of new payment technologies. The modern American law of payment systems is in disarray. Efforts to create a unified body of law for payment systems have so far been unsuccessful. Part of the reason for that failure is the assumption that the existing law works well for the traditional paper-based check system, and that problems have been created only by the evolution of new technologies. The End of Negotiable Instruments argues that this assumption is unfounded. The basic law of checks is itself anachronistic. There are no other books that undertake a similar analysis—there are legal treatises on the law of checks and notes, but all of them take for granted the basic assumptions challenged in this book. Several articles were published in the late twentieth century concerning the dispute over the application of certain doctrines of traditional negotiable instruments law to modern consumer finance transactions, but none of this literature went on to consider the broader question of whether there is anything worthwhile left in negotiable instruments law.
This new, primarily problem-based text comprehensively covers the concepts and intricacies of negotiable instruments, while also providing substantial analysis and materials regarding the bank-customer relationship and alternative payments systems, including credit cards and electronic funds transfers. The authors are both award-winning teachers who believe that the course should train students to read and interpret statutes, to recognize relevant facts, and to apply the statutory rules to such facts in ways that demonstrate the students' sensitivity to ambiguities in the rules and in the facts. Consequently, the text provides a plentiful supply of carefully crafted problems designed to enable students to develop these skills while mastering the substance of negotiable instruments law. The accompanying Teacher's Manual (available only to professors) gives clear answers to each of the problems and offers many helpful pedagogic suggestions. The text is fully current and examines the important issues raised by recent revisions to the UCC. In addition, the text contains several extremely valuable and user-friendly appendices, including a full glossary, which should make it largely unnecessary for an instructor to recommend any non-statutory supplements.
This book provides a comprehensive and thorough analysis of the legal framework for the treatment of international negotiable instruments. It considers the approach within and across major legal systems and pinpoints the key distinctions for the application of choice of law rules.
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.
For a thorough explanation of the legal systems that govern the full range of payment transactions, instructors can depend on Payment Systems and other financial transactions: Cases, Materials and Problems, Second Edition . When you review the Second Edition be sure to notice its: extraordinary authorship; Ronald J. Mann is one of the country's leading commercial law scholars and currently serves as Reporter for revisions tot he UCC articles related to checks unmatched breadth of coverage, including checks, credit cards, debit cards, ACH transactions, wire transfers, letters of credit, notes, guaranties, and securities effective application of the systems approach, grounded in detailed, practical explanations of how payment systems actually work text and problems that focus on how the rules apply in practice organization into 25 assignments, each including realistic problems that cover the major points students need to master extensive Teacher's Manual, with answers to all the problems in the book, plus specific guidance for structuring the assingments around a 50-minute, 75-minute, or two-hour class the Second Edition presents: an assignment on ACH Transactions cases interpreting the 1990 versions of Article 3 and 4: Gina Chin & Associates v. First Union Bank, Heritage Bank v. Lovett, and Grain Traders, Inc. v. Citibank coverage of proposed revisions of Articles 3 and 4 Transition Guide in the Teacher's Manual to show your students how theory translates into practice, use Payment Systems and Other Financial Transactions: Cases, Materials, and Problems, Second Edition, In your next course.
The book allows the reader to become acquainted with the background, terminology, and general outline of the law of negotiable instruments, check collections, credit cards, consumer electronic funds transfers, prepaid value cards and other emerging payment systems. It is an easy-to-read and concise resource.