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1320. National Stolen Property Act -- Tracing Doctrine
https://www.justice.gov/archives/jm/criminal-resource-manual-1320-national-stolen-property-act-tracing-doctrine
1320. National Stolen Property Act -- Tracing Doctrine To effectuate the legislative purposes of the National Stolen Property Act, the courts, utilizing the principles of equity, have created a tracing doctrine for the proceeds of such thefts or frauds. The seminal case is United States v. Walker, 176 F.2d 504 (2d Cir. 1949).
Doctrine of Tracing - Churchfields Solicitors
http://churchfields-solicitors.com/wp-content/uploads/2016/02/DOCTRINE-OF-TRACING.pdf
Doctrine of Tracing Definitions According to Black‟s Law Dictionary Eight Edition; “Tracing is defined as the process of tracking property’s ownership or characteristics from the time of its origin to the present” Tracing in English Law is a procedure to identify property (such as money) that has been taken from the claimant involuntarily.
Direct Listings and the Tracing Doctrine: Pirani v. Slack
https://journals.library.columbia.edu/index.php/CBLR/announcement/view/511
B. Section 11 and the Tracing Requirement Irrespective of the method used to go public, a company can incur liability for wrongdoing, and companies are subject to several generic anti-fraud provisions, including Section 10 (b) of the …
Doctrine of Tracing | Subrogation | Equity (Law)
https://www.scribd.com/presentation/437803838/DOCTRINE-OF-TRACING-pptx
f DOCTRINE OF TRACING: Meaning of tracing • Tracing operates on three levels. 1. At the first level it might be that all the owner is seeking to do is to recover her original property from the defendant. 2. At the second level, the owner might be seeking to recover both her original property and any profits which have been realized from the
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
The fundamental idea behind the law of tracing is that sometimes, for certain legal purposes, one asset stands in the place of another. A claim which could have been made in relation to the original asset is allowed in relation to the new asset. Accordingly, tracing identifies a new object or asset as the potential subject matter of a claim, on ...
Comparative Law and the Making of Legal Doctrine: A …
https://lapa.princeton.edu/content/comparative-law-and-making-legal-doctrine-concept-tracing-approach
In this Article, I describe the theory and methodology of concept tracing for the making of legal doctrine. To illustrate the potential of this comparative historical approach, I apply it to theorize Quebec’s fin de non-recevoir, a judicially created discretionary bar to an action, by retracing 223 Canadian, French, and English legal ...
Tracing: Principles and process - Walker Morris
https://www.walkermorris.co.uk/publications/mutual-matters/tracing-principles-process/
Where those sums could be traced (or followed) into the property and life insurance policies, the claimant’s entitlement was commensurate with the proportion of the property deposit or purchase monies; or the proportion of the premium cost, paid from the commission.
Disappearing Without a Trace: Sections 11 and 12(2) of …
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=189869
In this article, I examine the tracing doctrine that applies to sections 11 and 12 (2) (the "Sections") of the Securities Act. Tracing, a judicial invention of Judge Henry J. Friendly, requires securityholders to prove that their securities were actually issued pursuant to an allegedly misleading offering.
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or its proceeds.
Tracing in English law - Wikipedia
https://en.wikipedia.org/wiki/Tracing_in_English_law
Tracing is a process that allows for the recovery of original property (such as land or money) by the owner if it is taken involuntarily, and the owner has not consented to the transfer of title. This can be through theft, breach of trust, or mistake.
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