Charles W. Mooney Jr.

Books

SECURITY INTERESTS IN PERSONAL PROPERTY (with S. HARRIS, Foundation Press, 2d ed. 1992; Supp. 1999; 3d ed. 2000; 4th ed. 2006; 5th ed. 2011; 6th ed. 2015).

OFFICIAL COMMENTARY TO THE UNIDROIT CONVENTION ON SUBSTANTIVE RULES FOR INTERMEDIATED SECURITIES (Oxford University Press 2012) (with Hideki Kanda, Luc Thevenoz & Stephane Beraud).

Articles and Book Chapters

Beyond Intermediation: A New (FinTech) Model for Securities Holding Infrastructures, 22 U. PA. J. BUS. L. 386 (2020).

Intermediated Securities Holding Systems Revisited: A View Through the Prism of Transparency, in INTERMEDIATION AND BEYOND (Louise Gullifer & Jennifer Payne eds., Hart 2019) (with Thomas Keijser).

Global Standards for Securities Holding Infrastructures: A Soft Law/Fintech Model For Reform, 40 MICH. J. INT'L L. 531 (2019).

Insolvency Law as Credit Enhancement and Enforcement Mechanism: A Closer Look at Global Modernization of Secured Transactions Law, 27 NORTON J. BANKR. L. & PRAC. 673 (2018).

Choice-of-Law Rules for Secured Transactions: An Interest-Based and Modern Principles-Based Framework for Assessment, 22 UNIFORM L. REV. 842 (2017).

Immovable-Associated Equipment under the Draft Mac Protocol: A Sui Generis Challenge for the Cape Town Convention, 6 CAPE TOWN CONVENTION J. 37 (2017) (with von Bodungen).

Security Interests in Book-Entry Securities in Japan: Should Japanese Law Embrace Perfection by Control Agreement and Security Interests in Securities Accounts?, 37 U. PA. J. INT'L L. 761 (2017) (with Kumiko Koens).

A Framework for a Formal Sovereign Debt Restructuring Mechanism: The KISS Principle (Keep It Simple, Stupid) and Other Guiding Principles, 37 MICH. J. INT'L L 57 (2015).

A No-Tribunal SDRM and the Means of Binding Creditors to the Terms of a Restructuring Plan, 6 J. GLOBALIZATION & DEV. 215 (2015).

The Cape Town Convention’s Improbable-but-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, 55 VA. J. INT'L L. 451 (2015).

The (Il)Legitimacy of Bankruptcies for the Benefit of Secured Creditors, 2015 U. ILL. L. REV. 735.

When is a Dog's Tail Not a Leg?: A Property-Based Methodology for Distinguishing Sales of Receivables from Security Interests That Secure an Obligation, 82 U. CIN. L. REV. 1029 (2014) (with Steven L. Harris).

Harmonizing Choice-of-Law Rules For International Insolvency Cases: Virtual Territoriality, Virtual Universalism, and the Problem of Local Interests, 9 BROOK. J. CORP., FIN. & COM. L. 120 (2014).

The Cape Town Convention’s Improbable-but-Possible Progeny Part One: An International Secured Transactions Registry of General Application, 55 VA. J. INT'L L. 163 (2014).

The Bankruptcy Code’s Safe Harbors for Settlement Payments and Securities Contracts: When Is Safe Too Safe?, 49 TEX. INT'L L. J. 245 (2014).

U.C.C. Article 9, Filing-Based Priority, and Fundamental Property Principles: A Reply to Professor Plank (September 1, 2013), 69 BUS. LAW. 79-92 (Nov. 2013) (with Steven L. Harris).

United States Sovereign Debt: A Thought Experiment on Default and Restructuring, in IS U.S. GOVERNMENT DEBT DIFFERENT? 169 (Franklin Allen et al. eds., 2012).

Using First Principles of UCC Article 9 to Solve Statutory Puzzles in Receivables Financing, 46 GONZ. L. REV. 297 (2011) (with Steven Harris).

Private Law and the Regulation of Securities Intermediaries: Perspectives Under the Geneva Securities Convention and United States Law, 2010 UNIF. L. REV. 811.

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).

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).

More publications can be found here.

Working Papers

Lost in Transplantation: Modern Principles of Secured Transactions Law as Legal Transplants (April 23, 2020), U of Penn, Inst for Law & Econ Research Paper No. 20-30; in SECURED TRANSACTIONS LAW IN ASIA: PRINCIPLES, PERSPECTIVES AND REFORM (Louise Gullifer & Dora Neo eds., forthcoming 2020). (forthcoming)
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An Essay on Pluralism in Financial Market Infrastructure Design: The Case of Securities Holding in the United States (April 20, 2020), U of Penn, Inst for Law & Econ Research Paper No. 20-29; forthcoming in a collection published by Oxford UP. (forthcoming)
[View Document]

Research Areas

• Commercial Law and Uniform Commercial Code
• Bankruptcy Law
• Private International Law
• International Business Transactions

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)

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.

Member, The American Law Institute (elected 1985).

Fellow, American College of Commercial Finance Lawyers (elected 1992).

American College of Bankruptcy: Fellow (elected 1997); At-Large Regent (2007-11); Director (2011 - Present)

Member, International Insolvency Institute (elected 2009)

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").

Courses

• Commercial Law: Syllabus [doc] | 1st week's assignments [doc]
• Bankruptcy and Chapter 11 Law
• International Business Transactions: Syllabus [doc] | 1st week's assignments [doc]