This excellent Article by Professors Jeanne L. Schroeder And David Gray Carlson explores the tension between Citizen's Bank v. Strumpf, 516 U.S. 16 (1995) and later amendments to the Uniform Commercial Code that made deposit accounts collateral for the depositary bank maintaining the account. The Article discusses the question of whether the Uniform Commercial Code amendments could be read to have overruled the Supreme Court. In answering this question in the negative, this Article argues that the Justice Scalia was vindicated by the text of the Uniform Commercial Code and that the 2000 amendments had not overruled the Supreme Court's decision in Stumpf.
Jeanne L. Schroeder & David G. Carlson,
Three Against Two: On the Difference Between Property and Contract and the Example of Deposit Accounts in Bankruptcy,
Emory Bankr. Dev. J.
Available at: https://scholarlycommons.law.emory.edu/ebdj/vol35/iss2/6