Secured Transactions Resource Guide
Introduction
Legislation & Case Law
Major Treatises and Practice Guides
Study Aids
Searching Scholar and Ohiolink
Journal Articles and Current Awareness Services
Aggregate Files and Other Web Resources
Introduction
The law of Secured Transactions covers the creation and enforcement of a security interest. According to Cornell's Legal Information Institute ( LII ), "[A] security interest arises when in exchange for a loan a borrower agrees, in a security agreement, that the lender (the secured party) may take specified collateral owned by the borrower if he or she should default on the loan. A security interest also provides the secured party with the assurance that if the debtor should go bankrupt he or she may be able to recover the value of the loan by taking possession of the specified collateral instead of receiving only a portion of the borrowers property after it is divided among all creditors." Further, " Security agreements are contracts. Article 9 of the Uniform Commercial Code governs security interests in personal property. It has been adopted, with some modifications, by every state. A security agreement must comply with other state laws governing contracts." ( LII )
This selective guide highlights major print and electronic resources available to Cleveland Marshall Law School students researching issues in Secured Transactions Law. Please contact the research services staff during research service hours , or via email to research.services@law.csuohio.edu for help in locating these or other resources to meet your needs.
Legislation & Case Law
Uniform Commercial Code – Uniform laws Annotated / West Publishing Co. [1968- Master ed, KF879 .A45 U5 Online version can be found via Westlaw ULA
Chapter 1309 of the Ohio Revised Code (Ohio's UCC Secured Transactions Chapter)
(LAWriter from the State of Ohio website) Unannotated. For Ohio's two annotated codes see:
Baldwin's Ohio Revised Code Annotated / West Pub. Co., 1994 - Print. KFO30 1953 .A4 This link will take you to our catalog record with location information.
Page's Ohio Revised Code Annotated / Anderson Pub. Co., 1953 - Print. KFO30 1953 .P3 This link will take you to our catalog record with location information. LexisNexis: Ohio Revised Code
LexisNexis – Ohio Uniform Commercial Code Cases Selected caselaw relating to Uniform Commercial Code law from OH combined cases decided by the Ohio Supreme Court, Ohio Court of Appeals and various Ohio Miscellaneous Courts. Federal & State Cases - Uniform Commercial Code Cases for the multistate library of Uniform Commercial Code (UCC) cases.
Westlaw - OHCML-CS Cases from Ohio state courts that relate to the Uniform Commercial Code and the law of secured transactions. Coverage begins with 1821. See also Multi State Database - MCML-CS Cases from the state courts of all 50 states and the District of Columbia that relate to the Uniform Commercial Code and the law of secured transactions. Coverage varies by state. See also Topical Materials by Area of Practice > Commercial Law & Contracts > State Cases > Key Number Service topics .
Major Treatises and Practice Guides
Selected significant treatises and practice guides in the Law Library collection which provide a foundation in issues of secured transactions law include the following:
Handbook on Secured Transactions under the Uniform Commercial Code, 2nd ed. / Ray D. Henson / West Publishing Co., 1979. KF1050.H4 1979
Security Interests in Personal Property, 3rd ed. / Eldon H. Reiley (Westlaw - GSI) A guide to all aspects of secured transactions. The treatise includes a thorough discussion of bankruptcy law as it relates to Article 9 of the Uniform Commercial Code.
Uniform Commercial Code - Revised Article 9. Secured Transactions (Westlaw - UCC-SECTR) Complete text of and official commentary from the Uniform Commercial Code, Revised Article 9. Secured Transactions. The text of the revised article was approved in 1998 and recommended for enactment in all states by the National Conference of Commissioners on Uniform State Laws and the American Law Institute.
Documenting Secured Transactions (WESTLAW - PLIREF-SECTRN) Text of PLI's Documenting Secured Transactions by William C. Hillman, which covers the creation of security interests under Article 9 of the Uniform Commercial Code, including the drafting of required provisions, identifying the debtor, describing the collateral, after-acquired collateral, corps or fixtures as collateral, amending documents, continuations, and subordination.
UCC Secured Transactions (LexisNexis: Legal > Secondary Legal > Matthew Bender > By Area of Law > Uniform Commercial Code > Secured Transactions )
Commercial Law and Practice Guide (LexisNexis: Legal > Secondary Legal > Matthew Bender > By Area of Law > Uniform Commercial Code > Commercial Law and Practice Guide ) includes Art. 9.
The ABCs of the UCC. Revised Article 9, Secured Transactions / Russell A. Hakes ; Amelia H. Boss, ed. / Section of Business Law, American Bar Association, 2000. KF1050.Z9 H355 2000
Securitizations : Legal and Regulatory Issues / Patrick D. Dolan, C. VanLeer Davis III. / Law Journal Press, 2000- 1 volume looseleaf KF1050 .D65 2000
What Lawyers Need to Know About the New UCC Article 9 -- Secured Transaction / Practising Law Institute, 2000 - . KF1050.Z95 W43
Secured Transactions and Payment Systems : Problems and Answers, 2nd ed. / Leo L. Clarke ... [et al.] / Aspen Publishers, 2003. KF1050.Z9 S39 2003
The New Article 9 : Uniform Commercial Code, 2nd ed. / Corinne Cooper, ed., Section of Business Law, American Bar Association, 2000. KF1050.Z95 N49 2000
Forms under Revised Article 9 / Uniform Commercial Code Committee, Task Force on Forms under Revised Article 9 ; Jonathan C. Lipson, ed. / American Bar Association, Section of Business Law, 2002. KF1048.5 .F67 2002
Uniform Commercial Code, 5th ed. / James J. White and Robert S. Summers / West Group, 2000. KF890 .W45 2000b Westlaw – WS-UCC (use of this database is not authorized under Law School’s subscription agreement)
Ohio Forms; Practice-Oriented Forms for Ohio Legal and Business Transactions Chapter 40. Lawyers Co-operative Pub. Co., 1970 - . KFO68.O35 (Westlaw - OH-LF ) This database contains the full text of Ohio Forms Legal and Business, Ohio Forms Legal and Business, a 13-volume set of text and forms most commonly used in Ohio, arranged under topics that conform to traditional Ohio classification of legal subjects.
Ohio Transaction Guide : Legal Forms . M. Bender, 1975 - . KFO213.A65 O35 - (LexisNexis - Ohio Transaction Guide ) Chapter 125 provides practitioners with legal background, research tools, practice guides, and forms pertaining to practices involving business, wills and trusts, commercial, real estate, and personal transactions.
Study Aids
Ohio Board of Bar Examiners, Outline of Subjects Tested on Essay Portion of Ohio Bar Examination (Columbus, OH: Supreme Court of Ohio 1984-) Reserve KFO 76 .Z9 O8546 Outlines the subjects tested on the essay portion of the Ohio Bar Examination in order to provide a guide to bar examiners in drafting the essay questions. The Secured Transactions section in the November 2002 edition (pages 32-34) provides citation to legal authorities in secured transactions as a convenience to the bar examiners and includes outlines for Scope of Article 9, Creation of Enforceability and Perfected Security Interests, Priorities & Default.
Secured Transactions in a Nutshell, 4th ed. / Henry J. Bailey, III and Richard B. Hagedorn / West Group, 2000. KF1050.Z9 B3 One copy of the most recent edition on Reserve, others in Room LL A066.
Secured Transactions, 3rd ed., Examples & Explanations / James Brook / Aspen Publishers, 2005. KF1053.Z9 B76 2005 One copy of the most recent edition on Reserve, another in Room LL A066.
Secured Transactions and Payment Systems - Problems and Answers, 2nd ed. / Leo L. Clarke et al. / New York: Aspen Publishers, 2003. KF 1050 .Z9 S39 2003
Questions & Answers Secured Transactions - Multiple Choice and Short Answer Questions and Answers / Bruce A. Markell, Timothy R. Zinnecker / Newark, NJ: LexisNexis, 2003. KF 1050 .Z9 M37 2003
Contracts / Michael B. Kelly / Aspen Law & Business, 1997. KF801.Z9 K45 1997 Roadmap law course outline
CALI (Computer-Assisted Legal Instruction) Tutorials :
CALI Library of Lessons Commercial Transactions highlights Secured Transactions law tutorials available to Cleveland-Marshall College of Law Students. You must register a personal password with CALI to use these tutorials. If you are a Cleveland-Marshall College of Law Student, and have not yet accessed CALI via our Law School subscription, Students click here
CALI Secured Transactions tutorials include : CANINE: The Complete Article Nine; New Ranch: Perfecting a Security Interest; and Understanding Fixtures: Section 9-334 of the Uniform Commercial Code.
Searching Scholar and Ohiolink
Search the main subject heading Security (Law) and Security (Law) -- United States or any of the twelve plus (12+) related entries (Arrest of ships; Assignments; Bail; Chattel mortgages; Debtor and creditor; Earnest; Liens; Mortgages; Pledges (Law); Subrogation; Surityship and guaranty; and Trust receipts) in our SCHOLAR and the OhioLINK catalogs. Others include: Security (Law) -- Ohio ; Security (Law) -- United States -- States
Journal Articles and Current Awareness Services
See Finding Articles in Law Reviews, Journals and Other Legal Periodicals for an explanation
of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.
Business Law Journal, Coral Gables, FL : Business Law Society of the University of Miami School of Law, c1990- K2 .U76
The Business Law Journal, New York, The Business Law Journal Co, v.1-19; 1923-1932, K2 .U8
The Business Lawyer, Chicago, American Bar Association. Section of Corporation, Banking and Business, v.1/3(1946/1948)- K2 .U82 Westlaw - BUSLAW
Commercial Law Journal, Chicago, Ill. : Commercial Law League of America, [1930-2002] K3 .O52 Lexis - COMLJ
DePaul Business & Commercial Law Journal. DePaul University College of Law and the Commercial Law League of America, c2002- K4.E63 Westlaw - DPLBCLJ
Duquesne University Business Law Journal, [Pittsburgh, Pa.] : Duquesne University School of Law, v.1(1999)- K4 .U658
The Journal of Law and Commerce . University of Pittsburgh School of Law, c1981 -
K10 .O87083 Westlaw - JLCOM
The Journal of Law & Economics, [Chicago] University of Chicago Law School, v.1(1958)- K10 .O872 Westlaw - JLECON
The Practical Lawyer, Philadelphia [etc.] American Law Institute-American Bar Association, Committee on Continuing Professional Education [etc.], v.1(1955)- K16 .R34 Lexis - PRACLW
Uniform Commercial Code Law Journal. Boston, Warren, Gorham and Lamont, v.1(1968/1969)- K25 .N42
Aggregate Files and Other Web Resources
Westlaw: Topical Materials by Area of Practice - Commercial Law & Contracts
All Databases > Topical Materials by Area of Practice > Commercial Law & Contracts
Searchable databases include state and Federal cases relating to civil actions for contract violations; law reviews, texts, bar journals and legal-practice oriented periodicals relating to contract issues; forms, treatises and other practice materials related to contract law; as well as Federal and Uniform Laws (UCC)
LexisNexis - Area of Law by Topic - Commercial Law (UCC)
Searchable databases include federal and state contracts cases, court rules, statutes and legislative materials, administrative materials and regulations, legal reference materials, Model ADR practices and procedures, law reviews and journals, treatises and analytical materials, legal and general news.
Legal Information Institute: Law About...Secured Transactions Law
LexisONE Legal Internet Guide: Commercial Law
Hieros Gamos Commercial Law
Jurist Law Guides: Commercial Law
Schuyler M. Cook, Govt. Info./Ref. Librarian 6/13/2005; rev 5/9/07 Marie Rehmar |