Volume 73 - Number 3

Articles

The Various Standards for the “Good Faith” of a Purchaser

Stephen L. Sepinuck

Numerous legal rules allow a “good faith” purchaser of property to receivegreater rights to the property than the transferor had to give by entitlingthe purchaser to take free of, or acquire priority over, a third party’s claimto or interest in the purchased property.

Check Clearing and Voidable Preference Law Under the Bankruptcy Code

David Gray Carlson

Every business practice must withstand the critique of federal voidable preference law—an adjunct to the principle that unsecured creditors should be treated equally in bankruptcy. This article surveys how well the check clearing system fares under the voidable preference critique.

Building a Better Unclaimed Property Act

Ethan D. Millar, Scott Heyman, and Charolette Noel

This article examines the legal and policy concerns raised by the Uniform Unclaimed Property Acts developed by the Uniform Law Commission,focusing on the most recent Uniform Act that was completed in 2016. The authors highlight significant constitutional problems with the Uniform Acts.

Report

Draft Model Unclaimed Property Act

Unclaimed Property Subcommittee, Taxation Committee, ABA Business Law Section

A copy of the Draft Model Unclaimed Property Act.

Survey

Survey - Corporate Compliance

Paul E. McGreal

Since the last update, there has been a change in presidential administrations that has led to turnover in enforcement and administrative agencies. As discussed in Part I, in the case of the Foreign Corrupt Practices Act, there is more continuity than change.