Charles W. Mooney

University of Pennsylvania Law School

Professor of Law

3501 Sansom Street

Philadelphia, PA 19104

United States

SCHOLARLY PAPERS

21

DOWNLOADS
Rank 22,142

SSRN RANKINGS

Top 22,142

in Total Papers Downloads

2,319

SSRN CITATIONS

4

CROSSREF CITATIONS

6

Scholarly Papers (21)

1.

A Normative Theory of Bankruptcy Law: Bankruptcy as (is) Civil Procedure

Washington and Lee Law Review, Vol. 61, p. 931, 2004, U of Penn, Inst for Law & Econ Research Paper 03-27
Number of pages: 131 Posted: 23 Jul 2003 Last Revised: 13 Nov 2009
Charles W. Mooney
University of Pennsylvania Law School
Downloads 564 (51,410)
Citation 6

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2.

Harmonizing Choice-of-Law Rules for International Insolvency Cases: Virtual Territoriality, Virtual Universalism, and the Problem of Local Interests

Brooklyn Journal of Corporate, Financial, & Commercial Law, Volume 9, P. 120, 2014, U of Penn, Inst for Law & Econ Research Paper No. 14-32
Number of pages: 32 Posted: 04 Sep 2014 Last Revised: 15 Sep 2015
Charles W. Mooney
University of Pennsylvania Law School
Downloads 192 (169,143)

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Corporate insolvency & reorganization, harmonized choice of law rules, HICOL, UNCITRAL Model Law on Cross-Border Insolvency, uniformity of rule application, local assets and interests, security interests, multi-national enterprises, main insolvency proceedings, non-main insolvency proceedings

3.

Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments

University of Illinois College of Law Legal Studies Research Paper No. 18-1
Number of pages: 46 Posted: 05 Oct 2017
University of Illinois College of Law, Northwestern University School of Law, University of Pennsylvania Law School and Harvard Law School
Downloads 148 (211,781)

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Bankruptcy, Avoidable Transfers, Safe Harbor, Securities Settlement Payment

4.

The (Il)Legitimacy of Bankruptcies for the Benefit of Secured Creditors

University of Illinois Law Review, 2015, P. 735, U of Penn, Inst for Law & Econ Research Paper No. 14-30
Number of pages: 30 Posted: 24 Aug 2014 Last Revised: 17 Apr 2015
Charles W. Mooney
University of Pennsylvania Law School
Downloads 148 (211,781)

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secured creditor bankruptcies, substantial asset 363 sales, unsecured creditors, distributional priority in bankruptcy, melting ice cube, liquidation, Chapter 11 reorganization, absolute priority rule, secured creditor gifting, carve outs

5.

The Bankruptcy Code's Safe Harbors for Settlement Payments and Securities Contracts: When Is Safe Too Safe?

Texas International Law Journal, Vol. 49, p. 245, 2014, U of Penn, Inst for Law & Econ Research Paper No. 14-25
Number of pages: 26 Posted: 24 Jun 2014
Charles W. Mooney
University of Pennsylvania Law School
Downloads 137 (225,386)

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Bankruptcy, sovereign debt, international finance, insolvency, credit derivatives, financial crisis, sovereign bonds, qualified financial contracts, QFCs, safe harbor provisions of Bankruptcy Reform Act, misuse of over-expansive safe harbors

6.

Beyond Intermediation: A New (FinTech) Model for Securities Holding Infrastructures

University of Pennsylvania Journal of Business Law, Vol. 22, p. 386, 2020, U of Penn, Inst for Law & Econ Research Paper No. 19-32
Number of pages: 71 Posted: 29 Aug 2019 Last Revised: 21 Apr 2020
Charles W. Mooney
University of Pennsylvania Law School
Downloads 121 (247,889)

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intermediated securities, securities settlement, intermediary risk, disintermediation, transparency, financial infrastructure, securities lending, rehypothecation, customer protection, securities regulation, central securities depositories, Depository Trust Company, SEC

7.

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

University of Cincinnati Law Review, Vol. 82, P. 1029, 2014, U of Penn, Inst for Law & Econ Research Paper No. 14-12, Chicago-Kent College of Law Research Paper No. 2014-01
Number of pages: 50 Posted: 22 Feb 2014 Last Revised: 14 Jan 2015
Steven L. Harris and Charles W. Mooney
IIT Chicago-Kent College of Law and University of Pennsylvania Law School
Downloads 113 (260,521)

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security interests, true sales, receivables, UCC, collateral, securitization, property, financing

8.

A Framework for a Formal Sovereign Debt Restructuring Mechanism: The KISS Principle (Keep It Simple, Stupid) and Other Guiding Principles

Michigan Journal of International Law, Vol. 37, P. 57, 2015, U of Penn, Inst for Law & Econ Research Paper No. 15-17
Number of pages: 55 Posted: 15 May 2015 Last Revised: 11 May 2016
Charles W. Mooney
University of Pennsylvania Law School
Downloads 103 (277,929)

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SDRM, insolvency, restructuring, public finance, arbitral, sovereign immunity, statutory, default, enforcement, automatic stay, classification, holdout, Argentina, aggregated CACs, resolvency, pari passu, cram down, conflict of laws, tribunal discretion, convention, interim financing, priority

9.

U.C.C. Article 9, Filing-Based Authority, and Fundamental Property Principles: A Reply to Professor Plank

Business Lawyer, Vol. 69, Pp. 79-92, Nov. 2013, U of Penn, Inst for Law & Econ Research Paper No. 14-13, Chicago-Kent College of Law Research Paper No. 2014-07
Number of pages: 15 Posted: 22 Feb 2014 Last Revised: 23 Jun 2014
Steven L. Harris and Charles W. Mooney
IIT Chicago-Kent College of Law and University of Pennsylvania Law School
Downloads 103 (277,929)

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Article 9, UCC, security interests, priority, first-to-file-or-perfect, nemo dat

10.

Global Standards for Securities Holding Infrastructures: A Soft Law/Fintech Model For Reform

Michigan Journal of International Law, Forthcoming, U of Penn, Inst for Law & Econ Research Paper No. 19-05
Number of pages: 25 Posted: 01 Feb 2019
Charles W. Mooney
University of Pennsylvania Law School
Downloads 98 (287,317)

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international trade, soft law, IOSCO, intermediated securities, securities holding systems, financial infrastructure, financial architecture, intermediary risk, private law, global standards, Fintech

11.

Intermediated Securities Holding Systems Revisited: A View Through the Prism of Transparency

In Intermediation and Beyond (L Gullifer & J Payne eds., Hart Publishing, 2019, Forthcoming)., U of Penn, Inst for Law & Econ Research Paper No. 19-13
Number of pages: 29 Posted: 24 Apr 2019
Thomas Keijser and Charles W. Mooney
Radboud University Nijmegen and University of Pennsylvania Law School
Downloads 95 (293,168)

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intermediated securities holding systems, financial market infrastructure, transparent systems, intermediary risk, central securities depository, Geneva Securities Convention, corporate actions, upper-tier attachment, money laundering, terrorist financing, distributed ledger technology, blockchain

12.

The Cape Town Convention's Improbable-but-Possible Progeny Part One: An International Secured Transactions Registry of General Application

Virginia Journal of International Law, Vol. 55, p. 163, 2014, U of Penn, Inst for Law & Econ Research Paper No. 14-29
Number of pages: 24 Posted: 26 Aug 2014 Last Revised: 05 May 2015
Charles W. Mooney
University of Pennsylvania Law School
Downloads 89 (305,441)
Citation 1

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International secured transactions registry, security interests, movable property interests, credit, public international law, international finance, treaties, securities registration, UNCITRAL Registry Guide, Uniform Commercial Code Article 9, harmonization, Cape Town Convention, Aircraft Protocol

13.

Choice-of-Law Rules for Secured Transactions: An Interest-Based and Modern Principles-Based Framework for Assessment

Uniform Law Review, Vol. 22, P. 842 (2017), U of Penn, Inst for Law & Econ Research Paper No. 17-27
Number of pages: 44 Posted: 13 Jul 2017 Last Revised: 27 Feb 2018
Charles W. Mooney
University of Pennsylvania Law School
Downloads 80 (326,077)

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Security Interest, Security Right, Creation, Perfection, Priority, Enforcement, Choice of Law, Private International Law, Location, Assignment, Assignor, Debtor, Grantor, Assignee, Secured Creditor or Party, Collateral, Tangible Asset, Intangible Asset, Receivable, Registration, Registry, Model Law

14.

The Cape Town Convention's Improbable-but-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism

Virginia Journal of International Law, Vol. 55, P. 451, 2015, U of Penn, Inst for Law & Econ Research Paper No. 15-18
Number of pages: 32 Posted: 17 May 2015 Last Revised: 11 Nov 2015
Charles W. Mooney
University of Pennsylvania Law School
Downloads 80 (326,077)

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Transnational economic law, investor-state arbitration, international investment agreements (IIAs), treaty compliance, treaty implementation, finance, secured transactions, default, insolvency, enforcement, asset-based financing, remedies, Pia Eberhardt, Cecilia Olivet, Profiting from Injustice

15.

United States Sovereign Debt: A Thought Experiment on Default and Restructuring

in IS U. S. GOVERNMENT DEBT DIFFERENT? (Wharton Financial Institutions Center Press 2012)., U of Penn, Inst for Law & Econ Research Paper No. 14-40
Number of pages: 68 Posted: 08 Nov 2014
Charles W. Mooney
University of Pennsylvania Law School
Downloads 67 (360,206)

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Bankruptcy, reorganization, contracts, restructure, sovereign debt, government debt, public debt, fiscal deficit, debtor-creditor law, United States, U.S. Treasury notes and bills, selective default, 14th Amendment, consent of U.S. to be sued for debt

16.

Security Interests in Book-Entry Securities in Japan: Should Japanese Law Embrace Perfection by Control Agreement and Security Interests in Securities Accounts?

University of Pennsylvania Journal of International Law, Vol. 37, 2017 Forthcoming, U of Penn, Inst for Law & Econ Research Paper No. 16-6
Number of pages: 55 Posted: 15 Mar 2016 Last Revised: 02 Apr 2016
Kumiko Koens and Charles W. Mooney
Yamagata University and University of Pennsylvania Law School
Downloads 66 (362,955)

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pledge, perfection, third-party effectiveness, priority, intermediary, intermediated securities, title transfer, floating lien, Uniform Commercial Code, UCC, Geneva Securities Convention, UNIDROIT

17.

A No-Tribunal SDRM and the Means of Binding Creditors to the Terms of a Restructuring Plan

Journal of Globalization and Development, Vol. 6, P. 215, 2015, U of Penn, Inst for Law & Econ Research Paper No. 15-42
Number of pages: 25 Posted: 16 Dec 2015 Last Revised: 30 Mar 2016
Charles W. Mooney
University of Pennsylvania Law School
Downloads 45 (432,873)

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SDRM, insolvency, restructuring, restructuring plan, public finance, sovereign immunity, statutory, default, enforcement, classification, holdout, aggregated CACs, pari passu, conflict of laws, tribunal, convention, choice of law, recognition of judgment

18.

Lost in Transplantation: Modern Principles of Secured Transactions Law as Legal Transplants

In Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., 2020 Forthcoming), U of Penn, Inst for Law & Econ Research Paper No. 20-30
Number of pages: 36 Posted: 23 Apr 2020
Charles W. Mooney
University of Pennsylvania Law School
Downloads 32 (488,732)

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secured transactions, Uniform Commercial Code Article 9, UNCITRAL, UNIDROIT, Cape Town Convention, access to credit, cost of credit, transplantation of law, legal transplants, law reform, business credit, comparative law, legal history

19.

An Essay on Pluralism in Financial Market Infrastructure Design: The Case of Securities Holding in the United States

Forthcoming in an edited volume published by Oxford University Press, U of Penn, Inst for Law & Econ Research Paper No. 20-29
Number of pages: 21 Posted: 22 Apr 2020
Charles W. Mooney
University of Pennsylvania Law School
Downloads 26 (520,518)

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intermediated securities, intermediary risk, disintermediation, transparency, financial infrastructure, securities holding infrastructure, securities regulation, central securities depositories, Depository Trust Company, SEC, negative externality, regulatory failure, fintech

20.

Immovable-Associated Equipment under the Draft Mac Protocol: A Sui Generis Challenge for the Cape Town Convention

Cape Town Convention Journal, Vol. 6, Pg. 37 (2017)., U of Penn, Inst for Law & Econ Research Paper No. 20-07
Number of pages: 16 Posted: 17 Jan 2020
Benjamin von Bodungen and Charles W. Mooney
German Graduate School of Management and Law and University of Pennsylvania Law School
Downloads 9 (628,863)

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secured transactions, international instruments, security interests, immovable-associated equipment, IAE, Harmonized Commodity Description and Coding System, HS System codes determine scope of coverage, CTC object-based international registry system, local immovable property laws

21.

Insolvency Law as Credit Enhancement and Enforcement Mechanism: A Closer Look at Global Modernization of Secured Transactions Law

Norton Journal of Bankruptcy Law and Practice, Vol. 27, p. 673, 2018, U of Penn, Inst for Law & Econ Research Paper No. 20-32
Number of pages: 19 Posted: 01 May 2020
Charles W. Mooney
University of Pennsylvania Law School
Downloads 3 (671,465)

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Insolvency law, secured transactions, law reform, credit enhancement, access to credit, cost of credit, Japan, business credit, UNCITRAL, UNIDROIT, asset based lending, asset based finance, Cape Town Convention Uniform Commercial Code Article 9