The Florida Bar
www.floridabar.org
The Florida Bar Journal
Negotiating the American Dream:

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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December 2012
Volume 86, No. 10
Success in Litigating Local Permit Denials: Alternative Theories of Obtaining Justiceby Scott A. McLaren and Jeffrey W. Glasgow

Caught in the Web of Florida’s Statutory Proceedings Supplementary:Procedural and Constitutional Problems Facing Impleaded Third Partiesby 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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[Revised: 12-28-2012]