Introduction
Chapter 1 The Sorry State of Modern Payment Systems Law
Chapter 2 The Puzzling Persistence of the Law of Checks and
Notes
Chapter 3 Paperless Paper
Chapter 4 Reports of the Death of the Holder in Due Course Doctrine
Are Greatly Exaggerated.
Chapter 5 A Visit to the Museum of Negotiable Instruments Law
Chapter 6 The Bank Always Loses
Chapter 7 Are Checks Ever Transferred?
Chapter 8 What Would a Modern Law of Promissory Notes Look
Like?
Chapter 9 What Would a Modern Law of Checks Look Like?
Chapter 10 Overcoming the Past
Index
James Steven Rogers is Professor of Law at Boston College Law
School, where he teaches commercial law, payment systems, and
contracts. Professor Rogers has played a major role in the
development of modern commercial law. He served as Reporter
(principal drafter) for the Drafting Committee to Revise UCC
Article 8, which established a new legal framework for the modern
system of electronic, book-entry securities holdings through
central depositories
and other intermediaries. He was also involved in the projects on
negotiable instruments (UCC Articles 3 and 4) and secured
transactions (UCC Article 9). Professor Rogers is widely published
in law reviews on subjects of modern commercial law and bankruptcy,
particularly in the fields of investment securities, negotiable
instruments, and the history of Anglo-American commercial law. He
served as one of the United States delegates to the Hague
Conference on Private International Law project to negotiate and
draft Convention on Choice of Law for Securities Holding through
Securities Intermediaries and as a member of Drafting Group for
that
Convention. Prior joining the Boston College Law School faculty,
James Steven Rogers practiced with the firm of Sullivan & Worcester
in Boston, Massachusetts and clerked for Judge Bailey Aldrich of
the United
States Court of Appeals for the First Circuit. He received a J.D.
magna cum laude from Harvard Law School in 1976, where he served on
the Harvard Law Review and was awarded the Fay Diploma for
graduating first in his class in cumulative G.P.A. He received his
A.B. summa cum laude from the University of Pennsylvania, 1973,
where he studied philosophy and history.
"James Rogers has done a masterful job of distilling centuries of
legal developments in the payments field into a spell-binding tale.
Long-revered concepts like negotiability are debunked; there are
new takes on old provisions; the historical basis of our current
legal structure is examined to show that the law as we have come to
know it no longer makes sense. The End of Negotiable Instruments:
Bringing Payment Systems Law Out of the Past is a must-read for
payments professionals, professors seeking rationality in archaic
concepts and principles, and those devoted to improvements in the
law of payment systems."
--Amelia Boss
Trustee Professor of Law, Drexel University Earle Mack School of
Law
"James Rogers combines the comprehensive historical grasp that
comes only from decades of labor with a sensitive eye for what
works so poorly about the modern law of negotiable instruments.
This book should be required reading for anybody that wants to
teach commercial law. Given how poorly the law of negotiability has
served us in this era of commonly lost home mortgage notes, those
who want to make that law better need to read Rogers' story of how
we got into
this mess before they try to figure out how to get us out of
it."
--Ronald Mann
Professor, Columbia Law School
"James Steven Rogers, the pre-eminent historian of American
Commercial Law, has written a provocative book that is essential
reading for academics and practitioners in the field. Professor
Rogers brings together his extensive research on the development of
payments law to conclude that the present statutory law governing
the field is hopelessly frozen in a body of anachronistic
principles that must be rescued from the past to deal with
contemporaneous problems.
He tells what must be done and how to do it. No credible book or
article on payments law can be written in the future that fails to
address Professor Rogers' searing indictment.>"
--William D. Warren
Connell Professor of Law Emeritus,
UCLA School of Law
"...the most refreshingly lucid analysis and enlightened criticism
of the subject that I have ever read."
--Bradley Crawford, Q.C, Canadian Business Law Journal
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