A new conflict rule for securitization and other cross-border assignments : a potential threat from Europe

One of the dangers of harmonisation and unification processes taking place within the framework of the EU is that they may result in the codification of the lowest common denominator. This is precisely what is threatening to happen in respect of assignment. Referring the transfer of receivables by way of assignment to the law of the assignor’s residence, as article 13 of the Proposal does, would be opting for the most conservative solution and would for many Member States be a step backward rather than forward. A conflict rule referring assignment to the law of the assignor's residence is too rigid to do justice to the dynamic nature of assignments in cross-border transactions and it is unjustly one-sided. It offers no real advantages when compared to other conflict rules; it even has serious disadvantages which make the conflict rule unsuitable for efficient assignment-based cross-border transactions. It is not unconceivable that this conflict rule would even be contrary to the fundamental freedoms of the ECTreaty. The Community legislators in particular should be careful not to needlessly adopt rules which create insurmountable obstacles for cross-border business where choice-of-law by the parties would perfectly do. Community legislation has a special responsibility to create a smooth legal environment for single market transactions

Vol. 11, No. 3, Mar. 18, 2005: Illinois Fruit and Vegetable News

published or submitted for publicationnot peer reviewe

Vol. 10, No. 10, Jun. 21, 2004: Illinois Fruit and Vegetable News

published or submitted for publicationnot peer reviewe

A Finite Model Property for Intersection Types

We show that the relational theory of intersection types known as BCD has the finite model property; that is, BCD is complete for its finite models. Our proof uses rewriting techniques which have as an immediate by-product the polynomial time decidability of the preorder <= (although this also follows from the so called beta soundness of BCD).Comment: In Proceedings ITRS 2014, arXiv:1503.0437

Jay L. Garfield, Engaging Buddhism: Why It Matters to Philosophy

Book review of Jay Garfield's Engaging Buddhism: Why It Matters to Philosophy