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Tel: 215.898.6075
Fax: 215.573.2025
Email: cmooney@law.upenn.edu
Expertise
- Bankruptcy
- Commercial Law
Bio
Charles Mooney Jr. is a leading legal scholar in the fields of commercial law and bankruptcy law.
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Charles Mooney Jr. is a leading legal scholar in the fields of commercial law and bankruptcy law. His book (with S. Harris) Security Interests in Personal Property (Foundation Press, 4th ed. 2006) is a widely adopted text used in law schools around the United States. Mooney was honored for his contributions to the uniform law process by the Oklahoma City School of Law and was awarded the Distinguished Service Award by the American College of Commercial Finance Lawyers. He also served as U.S. Delegate at the Diplomatic Conference for the Cape Town Convention on International Interests in Mobile Equipment and the Aircraft Protocol. Mooney currently serves as a U.S. Delegate for the UNIDROIT Draft Convention on Intermediated Securities. Mooney also served as a Co-Reporter for the Drafting Committee for the Revision of UCC Article 9 (Secured Transactions), as the ABA Liaison-Advisor to the Permanent Editorial Board for the UCC, and as a member of Council and Chair of the Committee on UCC of the ABA Business Law Section.
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Representative Professional Positions
Penn Law - Associate Dean (2008-09); Charles A. Heimbold Jr. Professor of Law (2004- ); Professor (1990-2004); Associate Dean for Academic Affairs (1998-2000); Interim Dean (1999-2000); Associate Professor (1986-90)
University of Pennsylvania – Chair, Faculty Senate (2004-05)
Visiting Professor - University of Virginia; Georgetown; University of Tokyo; Waseda University
Shearman & Sterling, New York, New York - Partner (1981-86)
Crowe & Dunlevy, Oklahoma City, Oklahoma - (1972-81); Partner/Director (1977-81)
Morgan, Lewis & Bockius L.L.P. - Consultant (1994-2003)
Representative Publications
Law and Systems for Intermediated Securities and the Relationship of Private Property Law to Securities Clearance and Settlement: United States, Japan, and the UNIDROIT Draft Convention, Institute for Monetary and Economic Studies, Discussion Paper No. 2008-E-8 (May 2008).
COMMERCIAL LAW (Foundation Press, 6th ed., forthcoming) (with E. Farnsworth, J. Honnold, & S. Harris).
The “Consumer Compromise” in Revised UCC Article 9: The Shame of it All, 68 OHIO ST. L.J. 215 (2007).
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Introductory Note to Convention on the Law Applicable to Certain Rights in respect of Securities Held with an Intermediary, 46 INT’L. LEGAL MATERIALS 645 (2007).
The Unfortunate Life and Merciful Death of the Avoidance Powers Under Section 103 of the Durbin-Delahunt Bill: What Were They Thinking?, 25 CARDOZO L. REV. 1829 (2004) (with Harris).
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Insolvency Law as Credit Enhancement: The Insolvency-Related Provisions of the Cape Town Convention and the Aircraft Protocol, 13 INT’L INSOLVENCY REV. 24 (2004).
SECURITY INTERESTS IN PERSONAL PROPERTY (with S. HARRIS, Foundation Press, 2d ed. 1992; Supp. 1999; 3d ed. 2000; 4th ed. 2006).
A Normative Theory of Bankruptcy: Bankruptcy As (Is) Civil Procedure, 61 WASH. & LEE L. REV. 931 (2004).
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The Roles of Individuals in UCC Reform: Is the Uniform Law Process a Potted Plant? The Case of Revised UCC Article 8, 27 OKLA. CITY U. L. REV. 553 (2002).
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Means Measurement Rather than Means Testing: Using the Tax System to Collect from Can-Pay Consumer Debtors After Bankruptcy, 22 AM. BANKR. INST. J. 6 (2003) (with Jean Braucher).
Modeling the Uniform Law 'Process': A Comment on Scott's Rise and Fall of Article 2, 62 LA. L. REV. 1081 (2002).
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Revised Article 9 Meets the Bankruptcy Code: Policy and Impact, 9 AM. BANKR. INST. L. REV. 85 (2001) (with Steven L. Harris).
J. Honnold, S. Harris, & C. Mooney, Security Interests in Personal Property (Foundation Press, 2d ed. 1992; Supp. 1999; 3d ed. 2000).
Judgment Proofing, Bankruptcy Policy, and the Dark Side of Tort Liability, 52 STAN. L. REV. 73 (1999).
Measuring the Social Costs and Benefits and Identifying the Victims of Subordinating Security Interests in Bankruptcy, 82 CORNELL L. REV. 1349 (1997) (with Steven L. Harris).
Hosing Down Senior Claims with a Quicker and Dirtier Chapter 11, 72 WASH. U. L.Q. 1153 (1994).
A Property-Based Theory of Security Interests: Taking Debtors' Choices Seriously, 80 VA. L. REV. 2021 (1994) (with Steven L. Harris).
Property, Credit, and Regulation Meet Information Technology: Clearance and Settlement in the Securities Markets, 55 LAW & CONTEMP. PROBS. 131 (1992) (issue devoted to "Technology and Commercial Law" for which Professor Mooney was special editor).
Co-Reporter, National Conference of Commissioners on Uniform State Laws, Drafting Committee for the Revision of Uniform Commercial Code Article 9 (Secured Transactions) (1993-99). (Received Distinguished Service Award (April, 2002), presented by the American College of Commercial Finance Lawyers, for "work in the creation and adoption of Revised Article 9").
Transfer, Pledge, Clearance and Settlement in the Japanese and United States Government Bond Markets, 12 U. PA. J. INT'L BUS. L. 517 (1991) (with Atsushi Kinami).
Beyond Negotiability: A New Model for Transfer and Pledge of Interests in Securities Controlled by Intermediaries, 12 CARDOZO L. REV. 305 (1990).
For additional publications, please consult
Current & Recent Research
Current Working Papers
The Death of Tort? Security Interests and Tort Claims in Bankruptcy (forthcoming).
Representative Professional Activities
Member - U.S. delegation for the UNIDROIT draft convention on intermediated securities, representing the government at international meetings in Rome and at intersessional meetings in Berne, Paris, Berlin, and Beijing.
Visiting Scholar, Bank of Japan, Institute for Monetary and Economic Studies, Fall 2007
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