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Banking and Finance Law

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2008

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Articles 1 - 30 of 92

Full-Text Articles in Law

Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi Dec 2008

Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi

Brigham Young University International Law & Management Review

No abstract provided.


The Role Of Private Sector Investment In International Microfinance And The Implications Of Domestic Regulatory Environments, William Langer Dec 2008

The Role Of Private Sector Investment In International Microfinance And The Implications Of Domestic Regulatory Environments, William Langer

Brigham Young University International Law & Management Review

No abstract provided.


The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall Dec 2008

The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall

Brigham Young University International Law & Management Review

No abstract provided.


Wherefore Art Thou Guidelines? An Empirical Study Of White-Collar Criminal Sentencing And How The Gall Decision Effectively Eliminated The Sentencing Guidelines, S. Patrick Morin Dec 2008

Wherefore Art Thou Guidelines? An Empirical Study Of White-Collar Criminal Sentencing And How The Gall Decision Effectively Eliminated The Sentencing Guidelines, S. Patrick Morin

The University of New Hampshire Law Review

[Excerpt] “Until the passage of the U.S. Federal Sentencing Guidelines in 1984, federal judges had relatively wide discretion in sentencing federal offenders up to the statutory maximum. This judicial discretion led to a disparity in the sentences of similarly situated offenders, particularly in white-collar cases. The Guidelines attempted to eliminate this disparity by establishing maximum and minimum sentences for certain offenses based on the characteristics of the crime. An important feature of the Guidelines system was its mandatory nature, which decreased and structured the judiciary‘s discretion within bounds set by Congress.

The mandatory application of the Guidelines resulted in stiff …


Japan And The Moneylenders—Activist Courts And Substantive Justice, Andrew M. Pardieck Jun 2008

Japan And The Moneylenders—Activist Courts And Substantive Justice, Andrew M. Pardieck

Washington International Law Journal

Problems with sub-prime loans roiled financial markets worldwide in 2007 and brought renewed attention to predatory lending practices by loan brokers in the United States. Questionable lending practices, however, plague consumer financial markets worldwide, including one of the largest, found in Japan. This Article addresses the Japanese response to systemic problems in its consumer finance market. Over the last forty years, the judiciary has led and the Diet followed. Most recently, in 2006, the Supreme Court handed down a series of decisions that turned the single most important earnings driver for the consumer finance industry into dead letter law. The …


The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol May 2008

The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol

San Diego International Law Journal

After a brief discussion on the history of REITs, this Article goes on to analyze their importance and role within the global and Asian economy. Next, the underlying motivations for legal amendments to the REIT structures are discussed, as well as the socio-economic benefits associated with coordinating liberal REIT legislation throughout Asia. Subsequently, this article analyzes the various regulatory aspects of the regimes in Japan, Singapore, Hong Kong, South Korea, Thailand and Malaysia. In exploring their shortcomings, comparisons are made to the highly successful United States REIT structure. Given the history of our nation's regime, it goes without saying that …


Gatekeeper Failures: Why Important, What To Do, Merritt B. Fox Apr 2008

Gatekeeper Failures: Why Important, What To Do, Merritt B. Fox

Michigan Law Review

The United States was hit by a wave of corporate scandals that crested between late 2001 and the end of 2002. Some were traditional scandals involving insiders looting company assets - the most prominent being Tyco, HealthSouth, and Adelphia. But most were what might be called "financial scandals": attempts by an issuer to maximize the market price of its securities by creating misimpressions as to what its future cash flows were likely to be. Enron and WorldCom were the most spectacular examples of these financial scandals. In scores of additional cases, the companies involved and their executives were sued by …


Reducing Battles Between First And Second Lien Holders Through Intercreditor Agreements: The Role Of The New Aba Model Intercreditor Agreement Task Force, Gary D. Chamblee Mar 2008

Reducing Battles Between First And Second Lien Holders Through Intercreditor Agreements: The Role Of The New Aba Model Intercreditor Agreement Task Force, Gary D. Chamblee

North Carolina Banking Institute

No abstract provided.


Federal Usury Law For Service Members: The Talent-Nelson Amendment, Patrick M. Aul Mar 2008

Federal Usury Law For Service Members: The Talent-Nelson Amendment, Patrick M. Aul

North Carolina Banking Institute

No abstract provided.


Identity Theft And The Case For A National Credit Report Freeze Law, Kristan T. Cheng Mar 2008

Identity Theft And The Case For A National Credit Report Freeze Law, Kristan T. Cheng

North Carolina Banking Institute

No abstract provided.


Alien To Financial Services: Should Social Security Numbers Be Required For Banking Services Provided To Immigrants, Drew K. Kifner Mar 2008

Alien To Financial Services: Should Social Security Numbers Be Required For Banking Services Provided To Immigrants, Drew K. Kifner

North Carolina Banking Institute

No abstract provided.


U.S. Adoption Of Basel Ii And The Basel Ii Securitization Framework, Robert F. Hugi, Jason H.P. Kravitt, Carol A. Hitselberger Mar 2008

U.S. Adoption Of Basel Ii And The Basel Ii Securitization Framework, Robert F. Hugi, Jason H.P. Kravitt, Carol A. Hitselberger

North Carolina Banking Institute

No abstract provided.


Adverse Action Notices Under The Fcra: The Supreme Court Provides Guidance, Meghan F. Mcclure Mar 2008

Adverse Action Notices Under The Fcra: The Supreme Court Provides Guidance, Meghan F. Mcclure

North Carolina Banking Institute

No abstract provided.


Leading For Growth: Assessing The Growth Impact Of Umpqua Bank's "Cultural Makeover", Chase A. Tweel Mar 2008

Leading For Growth: Assessing The Growth Impact Of Umpqua Bank's "Cultural Makeover", Chase A. Tweel

North Carolina Banking Institute

No abstract provided.


Prohibiting De Facto Insurance Redlining: Will Hurricane Katrina Draw A Discriminatory Redline In The Gulf Coast Sands Prohibiting Access To Home Ownership?, Steven Plitt, Daniel Maldonado Mar 2008

Prohibiting De Facto Insurance Redlining: Will Hurricane Katrina Draw A Discriminatory Redline In The Gulf Coast Sands Prohibiting Access To Home Ownership?, Steven Plitt, Daniel Maldonado

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Confidence In The Nonprofit Sector Through Sarbanes-Oxley-Style Reforms, Joseph Mead Mar 2008

Confidence In The Nonprofit Sector Through Sarbanes-Oxley-Style Reforms, Joseph Mead

Michigan Law Review

Over the past several years, the nonprofit sector suffered a series of highly visible scandals that shook the public's confidence in charitable organizations. Concerned politicians and nonprofit leaders responded with a variety of reforms inspired by the Sarbanes-Oxley Act. The Note focuses on three such reforms: requiring nonprofit officers certify financial statements, mandating audits of nonprofits' financial statements, and imposing independent audit committees on nonprofit boards of directors. This Note argues that, contrary to the conclusions of many commentators, these reforms will provide a net benefit to the nonprofit sector by increasing donor confidence while imposing minimal costs.


Other People's Money: How A Time-Gap In Credit Reporting May Lead To Fraud, J. Alex Heroy Mar 2008

Other People's Money: How A Time-Gap In Credit Reporting May Lead To Fraud, J. Alex Heroy

North Carolina Banking Institute

No abstract provided.


The Evolution Of A Suitability Standard In The Mortgage Lending Industry: The Subprime Meltdown Fuels The Fires Of Change, Frank A. Hirsch Jr. Mar 2008

The Evolution Of A Suitability Standard In The Mortgage Lending Industry: The Subprime Meltdown Fuels The Fires Of Change, Frank A. Hirsch Jr.

North Carolina Banking Institute

No abstract provided.


The Subprime Morass: Past, Present, And Future, Kenneth C. Johnston, James B. Greer, Julie K. Biermacher, Joseph Hummel Mar 2008

The Subprime Morass: Past, Present, And Future, Kenneth C. Johnston, James B. Greer, Julie K. Biermacher, Joseph Hummel

North Carolina Banking Institute

No abstract provided.


What Do You Mean I'M A Lobbyist: New Government Contractor Restrictions And What They Will Mean For Banking Institutions, Paula L. Hopper, Robert G. Hensley Jr. Mar 2008

What Do You Mean I'M A Lobbyist: New Government Contractor Restrictions And What They Will Mean For Banking Institutions, Paula L. Hopper, Robert G. Hensley Jr.

North Carolina Banking Institute

No abstract provided.


Regulation R: The Beginning Of The End Or The End Of The Beginning Of Bank Securities Brokerage Activities, Jerome J. Roche, Babback Sabahi Mar 2008

Regulation R: The Beginning Of The End Or The End Of The Beginning Of Bank Securities Brokerage Activities, Jerome J. Roche, Babback Sabahi

North Carolina Banking Institute

No abstract provided.


Don't Bet On This Legislation: The Unlawful Internet Gambling Enforcement Act Places A Bigger Burden On Financial Institutions Than Internet Gambling, Jason A. Miller Mar 2008

Don't Bet On This Legislation: The Unlawful Internet Gambling Enforcement Act Places A Bigger Burden On Financial Institutions Than Internet Gambling, Jason A. Miller

North Carolina Banking Institute

No abstract provided.


College Cost Reduction And Access Act: A Good Step, But Only A Step, Travis L. Packer Mar 2008

College Cost Reduction And Access Act: A Good Step, But Only A Step, Travis L. Packer

North Carolina Banking Institute

No abstract provided.


Checking In And Cashing Out: Cashier's Check Fraud, Depository Liability And Proposed Solutions, Alex Y. Lieberman Mar 2008

Checking In And Cashing Out: Cashier's Check Fraud, Depository Liability And Proposed Solutions, Alex Y. Lieberman

North Carolina Banking Institute

No abstract provided.


Microfinance In Rural China: Government Initiatives To Encourage Participation By Foreign And Domestic Financial Institutions, J. Wyatt Kendall Mar 2008

Microfinance In Rural China: Government Initiatives To Encourage Participation By Foreign And Domestic Financial Institutions, J. Wyatt Kendall

North Carolina Banking Institute

No abstract provided.


A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Equitable Right Of Redemption?, Scott Griswold Jan 2008

A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Equitable Right Of Redemption?, Scott Griswold

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Eighth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities, And Financial Law, William Michael Treanor, Ben A. Indek, Jill E. Fisch, Paul S. Atkins Jan 2008

The Eighth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities, And Financial Law, William Michael Treanor, Ben A. Indek, Jill E. Fisch, Paul S. Atkins

Fordham Journal of Corporate & Financial Law

No abstract provided.


Evaluating The Mission: A Critical Review Of The History And Evolution Of The Sec Enforcement Program, Paul S. Atkins, Bradley J. Bondi Jan 2008

Evaluating The Mission: A Critical Review Of The History And Evolution Of The Sec Enforcement Program, Paul S. Atkins, Bradley J. Bondi

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Antitrust Aspects Of Bank Mergers - Panel Discussion I: Development Of Bank Merger Law, Carl Felsenfeld, Douglas Broder, Bert Foer, Dr. Anne Gron Jan 2008

The Antitrust Aspects Of Bank Mergers - Panel Discussion I: Development Of Bank Merger Law, Carl Felsenfeld, Douglas Broder, Bert Foer, Dr. Anne Gron

Fordham Journal of Corporate & Financial Law

No abstract provided.


Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden Jan 2008

Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden

Fordham Journal of Corporate & Financial Law

No abstract provided.