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Articles 1 - 18 of 18
Full-Text Articles in Law
Moderator, Regulation: Systemically Important Financial Institution (Sifi) Designations
Moderator, Regulation: Systemically Important Financial Institution (Sifi) Designations
Patricia A. McCoy
Moderated a roundtable discussion on proposals to subject the asset management industry to systemic risk oversight.
The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman
The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman
Neal F. Newman
No abstract provided.
Making A Case For Business Courts: A Survey Of And Proposed Framework To Evaluate Business Courts, Anne Tucker
Making A Case For Business Courts: A Survey Of And Proposed Framework To Evaluate Business Courts, Anne Tucker
Anne Tucker
This article addresses the issues related to specialized courts, specifically focusing on business courts, and provides a comprehensive overview of the evolution of non-Delaware business courts. After addressing the theoretical assumptions of and civil justice goals served by business courts, the article proposes a framework to evaluate and measure the success of business courts by focusing on efficiency, quality of decision-making, and the perception of due process. The article surveys existing business courts and undertakes a comparative analysis of their structural elements: case subject matter, jurisdiction, minimum damages thresholds, and transfer procedures. The article then analyzes the existing programs under …
Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins, Basil Mattingly
Re-Establishment Of Bankruptcy Review Of Oppressive Foreclosure Sales: The Interaction Of Avoidance Powers As Applied To Creditors Bid-Ins, Basil Mattingly
Basil H. Mattingly
No abstract provided.
Forum Over Substance: Order From Chaos In Regulatory Takings Jurisprudence, Basil Mattingly
Forum Over Substance: Order From Chaos In Regulatory Takings Jurisprudence, Basil Mattingly
Basil H. Mattingly
No abstract provided.
Stock Transfer Restrictions In Close Corporations, William Gregory
Stock Transfer Restrictions In Close Corporations, William Gregory
William A. Gregory
No abstract provided.
Model Wage Earner Receivership Statute, William Gregory, Michael Connell
Model Wage Earner Receivership Statute, William Gregory, Michael Connell
William A. Gregory
No abstract provided.
Financial Provisions Of The Revised Uniform Limited Partnership Act: Articles 5 And 6, William Gregory
Financial Provisions Of The Revised Uniform Limited Partnership Act: Articles 5 And 6, William Gregory
William A. Gregory
No abstract provided.
Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet
Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet
Zachary Frimet
Following the surge of bankruptcies in the wake of the Great Recession, a growing and somewhat controversial trend has emerged whereby companies seeking to purchase a debtor’s assets in bankruptcy frequently make use of Section 363 of the United States Bankruptcy Code (“§ 363”). In general, § 363 sales are accomplished via public auction. This aspect of § 363 exposes initial bidders, known in bankruptcy as “stalking horses bidders”, to the risk that they will commit time and resources in pursuit of the acquisition and yet fail to succeed as the prevailing bidder. To hedge against this risk, stalking horse …
Regulatory Failure And The Global Financial Crisis: An Australian Perspective, Mohamed Ariff, John Farrar, Ahmed Khalid
Regulatory Failure And The Global Financial Crisis: An Australian Perspective, Mohamed Ariff, John Farrar, Ahmed Khalid
Ahmed Khalid
Description: This fascinating book presents a lively discussion of key issues resulting from the recent financial crisis. The expert contributors explore why the global financial crisis occurred, how it destroyed wealth, triggered mass unemployment and created an unprecedented loss of control on employment, monetary policy and government budgets. Important topics encompassing the origin and impact of the crisis, governance failure, regulatory forgiveness, credit splurges, asset bubbles and the greed of institutions are analysed from the wide-ranging perspectives of not only academics in both economics and law, but also industry practitioners and regulators. This multidimensional evaluation of what went wrong concludes …
Countercyclical Regulation And Its Challenges
Countercyclical Regulation And Its Challenges
Patricia A. McCoy
The paper presented examines legal and institutional challenges to implementing countercyclical regulation in financial services. Also presented in June 2014 at a Suffolk University Law School Faculty Workshop in Boston, MA.
Regulation A+ And The Question Of State Blue Sky Law Preemption Under The J.O.B.S. Act, Neal Newman
Regulation A+ And The Question Of State Blue Sky Law Preemption Under The J.O.B.S. Act, Neal Newman
Neal F. Newman
No abstract provided.
Regulation A+ And The Question Of State Blue Sky Law Preemption Under The J.O.B.S. Act, Neal Newman
Regulation A+ And The Question Of State Blue Sky Law Preemption Under The J.O.B.S. Act, Neal Newman
Neal F. Newman
No abstract provided.
Dealing With Unforeseen Circumstances: Contractual Construction And Equitable Adjustment, Man Yip, Yihan Goh
Dealing With Unforeseen Circumstances: Contractual Construction And Equitable Adjustment, Man Yip, Yihan Goh
Man YIP
Case note on the UK Supreme Court decision of Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc [2013] UKSC 3.
Rethinking Disclosure In A World Of Risk-Based Pricing, Patricia Mccoy
Rethinking Disclosure In A World Of Risk-Based Pricing, Patricia Mccoy
Patricia A. McCoy
In response to subprime loan abuses, it is common for policymakers to exhort consumers to comparison-shop for residential mortgages. This policy prescription ignores the fact that price revelation works differently in the prime and subprime markets, impeding search in subprime. In the prime market, lenders reveal firm prices for free, without requiring consumers to first submit loan applications. This dynamic, combined with Truth-in-Lending Act (TILA) disclosures that standardize prices, make it easy to comparison-shop for prime mortgages. In contrast, in the subprime market featuring risk-based pricing, consumers must reveal their creditworthiness before lenders can determine loan prices, which allows lenders …
Turning A Blind Eye: Wall Street Finance Of Predatory Lending, Kathleen Engel, Patricia Mccoy
Turning A Blind Eye: Wall Street Finance Of Predatory Lending, Kathleen Engel, Patricia Mccoy
Patricia A. McCoy
Today, Wall Street finances up to eighty percent of subprime home loans through securitization. The subprime sector, which is designed for borrowers with blemished credit, has been dogged by predatory lending charges, many of which have been substantiated. As subprime securitization has grown, so have charges that securitization turns a blind eye to financing abusive loans. In this paper, we examine why secondary market discipline has failed to halt the securitization of predatory loans.
When investors buy securities backed by predatory loans, they face a classic lemons problem in the form of credit risk, prepayment risk, and litigation risk. Securitization …
The Cra Implications Of Predatory Lending, Kathleen Engel, Patricia Mccoy
The Cra Implications Of Predatory Lending, Kathleen Engel, Patricia Mccoy
Patricia A. McCoy
Traditionally, policymakers, communities, and industry have regarded the Community Reinvestment Act ("CRA") as a positive mandate for banks and thrifts to do good by increasing investment in low- and moderate-income ("LMI") neighborhoods. When Congress enacted CRA, it was inconceivable that LMI neighborhoods might eventually receive too much credit in the form of abusive mortgages. However, by the late 1990s, predatory mortgages- exploitative high-cost loans to gullible borrowers-were ravaging the inner cities. We address the question: given the surge in predatory lending, how should CRA respond? CRA and federal subsidies to regulated lenders can create perverse incentives for lenders to engage …
Understanding The 2012 Master Securities Forward Transaction Agreement, Christian Johnson, Ranada Fergerson
Understanding The 2012 Master Securities Forward Transaction Agreement, Christian Johnson, Ranada Fergerson
Christian A. Johnson