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In The End of Negotiable Instruments: Bringing Payment Systems Law Out of the Past, author James Rogers challenges the basic assumptions of the law of checks and notes and its history, and provides a well-reasoned account of how the law could be changed to better suit the evolution of new payment technologies.
The modern American law of payment systems is in disarray. Efforts to create a unified body of law for payment systems have so far been unsuccessful. Part of the reason for that failure is the assumption that the existing law works well for the traditional paper-based check system, and that problems have been created only by the evolution of new technologies. The End of Negotiable Instruments argues that this assumption is unfounded. The basic law of checks is itself anachronistic. There are no other books that undertake a similar analysis--there are legal treatises on the law of checks and notes, but all of them take for granted the basic assumptions challenged in this book. Several articles were published in the late twentieth century concerning the dispute over the application of certain doctrines of traditional negotiable instruments law to modern consumer finance transactions, but none of this literature went on to consider the broader question of whether there is anything worthwhile left in negotiable instruments law.
- Sales Rank: #2452518 in eBooks
- Published on: 2011-12-23
- Released on: 2011-12-23
- Format: Kindle eBook
Review
"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
About the Author
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.
Most helpful customer reviews
3 of 3 people found the following review helpful.
Required Reading
By Kenneth Kettering
This book is required reading for anyone who thinks seriously about modern payment systems (which includes, or should include, everyone who teaches the subject). That is not so much because the book contains heretofore-unpublished insights; most of its themes should be familiar to students of the subject, due in no small measure to the previous work of Professor Rogers himself. Rather, this book is a superlative synthesis, in which the author writes with exceptional lucidity about what is important in the subject from a policy perspective. The discussion is very greatly enriched by the author's deep knowledge of the history of the subject, which is probably unparalleled among living scholars. This book is anything but antiquarian, however. For example, recent legal artifacts such as "transferable records" attempt to pump new life into negotiable instruments law. One cannot intelligently consider whether these legal artifacts are well-founded reactions to genuine commercial needs, or flaming anachronisms pushed by special interests, without familiarity with Professor Rogers' insights. To repeat, this book is essential for students of the subject.
2 of 2 people found the following review helpful.
Excellent and Readable Work
By Brian Mccall
Professor Rogers' book is a thought provoking review of the state of negotiable instrument law and the checking system in particular. This book will be a valuable resource for students, teachers and scholars alike. For the student, it offers some perspective on the law of Negotiable Instruments. It explains the historical reasons for some puzzling provisions. The book will challenge future lawyers to think more critically about the inherited legal framework. For scholars the book is likely to provoke much needed debate about the future of an area of law which is both highly technical and pervasive. Every person writing or receiving a check is affected, knowingly or unknowingly, by this body of law. The book's style is easy to read and very accessible even for the non-specialist. Professor Rogers does an admirable job breaking down complex and often arcane provisions of the law and explaining them in style that is easy to follow. I highly recommend this book for all students, teachers and scholars of Commercial Law as well as for all bankers and payment system participants.
Professor Brian M. McCall
University of Oklahoma College of Law
1 of 1 people found the following review helpful.
A Must Read
By Stephen C. Veltri
Anyone interested in commercial law should read this book. Professor Rogers explains how much of our law governing promissory notes and checks originated to govern nineteenth century mercantile practices that bear little resemblance to modern commercial transactions. He offers a compelling account of the strange survival of these rules and, in the best tradition of the realists, asks the reader to consider the world without them. Remarkably, Professor Rogers accomplishes all this in a book that is truly hard to put down. You will stay up late to read it and be much the better for it.
Stephen C. Veltri
Professor of Law
Ohio Northern University
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