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A Critical Look at the Role of Negotiability in the Foreclosure Crisis
by Thomas Erskine Ice
Contemporary negotiable instruments law developed hundreds of years ago, before every important institution of the modern financial world: incorporated banks, business corporations, developed capital markets, global monetary systems, electronic transfers, and even paper currency. It is counterintuitive that this ancient law of negotiable instruments would have any relevance to one of the world’s most sophisticated, cutting-edge tools of high finance — the pooling and securitization of mortgage loans. Yet, the courts routinely look to such law to resolve a foreclosure crisis spawned by the collapse of mortgage-backed securitization, a process which is as strained as trying to decide First Amendment issues using cases pre-dating the Constitution.
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President’s Page
Beyond the 2012 Ballot: The Bar’s Voter Education Efforts Must Continue
by Gwynne A. Young
Elder Law
The Long-standing Concept of “Abandonment” of the Homestead Did Not Survive the 1985 Amendments to the Florida Constitution
by Alex Cuello
City, County and Local Government Law
Brock v. Board of County Com’rs of Collier County: A Case for Reconciliation
by Patrick T. Kinni
Tax Law
Use of Disclaimers by U.S. Persons in the International Context
by William H. Newton III
Appellate Practice
Appellate Stays in Civil Cases: Florida and Federal Courts Offer More Security Flexibility than Believed, But Stay Violations Still Have Teeth
by Dorothy F. Easley
Environmental and Land Use Law
Greening Your Law Firm
by Nicole C. Kibert
Books
Index to The Florida Bar Journal 2012 Vol. 86
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December 2012
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Volume 86, No. 10
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Caught in the Web of Florida’s Statutory Proceedings Supplementary:Procedural and Constitutional Problems Facing Impleaded Third Parties — by Benjamin H. Brodsky
Lender Liability for Merchant Misconduct in Consumer Transactions — by Ian Forsythe (November 2012)
Engle v. Liggett: Has Big Tobacco Finally Met Its Match? — by J. B. Harris (November 2012)
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