Law Commons^™

A Reappraisal Of The Branch Banking Prohibition In West Virginia, Kurt E. Entsminger

West Virginia Law Review

No abstract provided.

The Right To Financial Privacy Act Of 1978-The Congressional Response To United States V. Miller: A Procedural Right To Challenge Government Access To Financial Records, Nancy M. Kirschner

University of Michigan Journal of Law Reform

This article will review the factors leading to the Miller decision and the legislative response to that decision. Part I will examine the bank customer's expectation of privacy and the way Miller affects this expectation. Part II will discuss the congressional response to Miller and the competing interests which led to the Right to Financial Privacy Act. The Act itself will be discussed in detail in Part III. Part IV will evaluate the Act, and offer recommendations for reform. The article concludes that the Act, by adopting a purely procedural approach, fails to provide adequate protection to bank customers.

An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.

University of Michigan Journal of Law Reform

This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …

Regulation Of Foreign Banking Activity In The United States., Francis Rooney

St. Mary's Law Journal

Abstract Forthcoming.

Regulation Z And The Uccc: The Bewildering Maze Of Credit Disclosure Provisions, Robert S. Clark

BYU Law Review

No abstract provided.

Ambivalent Reflections On Regulation, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva

Washington Law Review

The purpose of this comment is to analyze the law on state regulation of federal financial institutions and then to apply that analysis to the Washington act in order to determine whether the act can validly be applied to national banks and federal savings and loan associations. Part II critically describes the Washington act and compares it with federal law on the same subject. Part III surveys the judicially developed limits on state regulation of federal financial institutions. Part IV then considers the validity of the Washington act as applied to federal financial institutions in light of the judicial limits …

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

BOOKS RECEIVED

THE EXTENSION OF CORPORATE PERSONALITY IN INTERNATIONAL LAW By David A. Ijalaye

Dobbs Ferry, New York: Oceana Publications, 1978. Pp. 354.

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HUMAN RIGHTS AND THE SOUTH AFRICAN LEGAL ORDER

By John Dugard

Princeton: Princeton University Press, 1978. Pp. 470.

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INTERNATIONALE BANKEN: AUSLANDSAKTIVITXTEN VON BANKEN BE-DEUTENDER INDUSTRIELANDER

By Ursel Stueber

Hamburg: Verlag Weltarchiv, 1974 (1977 Supplement available). Pp. 204.

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INVESTMENT INCENTIVE PROGRAMS IN WESTERN EUROPE

By B. T.Mansbach and R. J. Waldman

Washington, D.C.: International Division, Chamber of Commerce of the United States, 1978.

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SECESSION: THE LEGITIMACY OF SELF-DETERMINATION

By Lee C. Buchheit

New Haven, …

The Right To Financial Privacy Act Of 1978: New Protection From Federal Intrusion, 12 J. Marshall J. Prac. & Proc. 487 (1979), George B. Trubow, Dennis L. Hudson

UIC Law Review

No abstract provided.

Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park

Faculty Scholarship

"No rules of international law exist to limit the extent of any country's tax jurisdiction." Although not yet locus classicus, this assertion summarizes a view that finds favor among academic and practicing lawyers. Even if it is admitted that a relevant nexus must exist between the taxing sovereign and the person, property, or income to be taxed, the competing jurisdictional claims of other states are seldom viewed as imposing limits on national competence. This Article will examine the conflicts among rival assertions of fiscal jurisdiction that result from attempts of capital-exporting states to tax the undistributed income of foreign companies.

A New Dilemma For Theft Institutions: Judicial Emasculation Of The Due-On-Sale Clause, 12 J. Marshall J. Prac. & Proc. 299 (1979), Robert Kratovil

UIC Law Review

No abstract provided.

The Regulation Of Interstate Bank Branching Under The International Banking Act Of 1978: The Stevenson Compromise, Robert F. Jr. Van Patten

Northwestern Journal of International Law & Business

In recent years observers have noted a remarkable flow of capital into the United States; foreign investment has almost quadrupled within the last decade. A segment of the economy in which foreign penetration is dramatically evident is the American banking industry. ...It is this deft compromise, developed by Senator Adlai Stevenson which is the focus of this comment. The general history of the international banking legislation and positions supporting and opposing the regulation of interstate branching will be discussed. Thereafter, the elements of the Stevenson compromise will be explained and their efficacy illustrated. Finally, the current and potential effects of …

A Functional Analysis Of Truth In Lending, Ralph J. Rohner, Jonathan M. Landers

Scholarly Articles

The purpose of this Article is to take a hard look at the possible objectives of a disclosure statute such as Truth In Lending, and ask the basic question whether these objectives are attainable, and if so, what type of a statute can best effectuate the legislative policies. Given the lawmakers' fascination with disclosure-type legislation in the scheme for protecting consumers, and the myths that accompany such legislation, this undertaking should prove useful.

Equal Credit Opportunity Act, Ralph J. Rohner

Scholarly Articles

No abstract provided.

New Directions In The Enforcement Of Consumer Credit Laws: From Public To Private And Back Again, Ralph J. Rohner

Scholarly Articles

The response of sympathetic lawmakers to perceived abuses in the consumer credit field is almost totally predictable. One group will urge the enactment of disclosure rules so that well-informed consumers will be able to look out for themselves in the marketplace. Another group will urge the passage of laws directly prohibiting the distasteful practice, or mandating a corrective mechanism. Both groups will then engage in endless rhetorical debate over the costs and benefits of either approach, the infringements on competition and marketplace freedom, and the burdens on small business.

All of these responses take for granted that the disappearance of …

Marquette: Bad Law And Worse Policy, Ralph J. Rohner

Scholarly Articles

The Marquette National Bank case unjustifiably exalts the status of national banks over all other lenders in their dealings with out-of-state customers. It ought to be reversed by Congress.

Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks, Part I, Ralph J. Rohner

Scholarly Articles

In this first half of a two-part article, the author reviews the complex structures through which federal and state consumerprotection laws are enacted and enforced with respect to commercial banks. Problems arisefrom the multiolicity of law-making bodies, the dual banking system, unclear preemption standards, and expandingfederal domination of the consumer creditfleld The secondpart of the article, which will appear in the next issue of this Review, analyzes the actual enforcement activities of the federal and state banking agencies. It concludes with a series of recommendationsfor improving the combined federal-state consumer protection programs affecting commercial banks.

For Lack Of A National Policy On Consumer Credit: Preliminary Thoughts On The Need For Unified Federal Agency Rulemaking, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Rule 10b-5 And The Corporation’S Affirmative Duty To Disclose, Jeffrey D. Bauman

Georgetown Law Faculty Publications and Other Works

In order to make responsible investment decisions investors must be adequately informed. In this article Professor Bauman argues that the existing disclosure requirements of the federal securities laws do not meet the informational needs of investors because there is no affirmative duty to disclose all material information. In order to fill this substantial gap in the existing disclosure scheme, Professor Bauman argues that rule lob-5 should be read to require prompt disclosure of all material information subject only to limited exceptions and should be applicable even in the absence of trading or prior inaccurate disclosure.

Regulation Of Consumer Credit In Virginia: A Suggestion For Legislative Improvement, Douglas P. Rucker Jr., William C. French

University of Richmond Law Review

The American economic system is the most successful yet developed, and consumer credit has played a vital role in that economy. Consumer credit has experienced tremendous growth, and has adjusted to the demands of changing life-styles, economic needs, and geographic distinctions, as well as to the different types of consumer goods which have become available with a minimal amount of government intervention. What government intervention there has been has involved restraint and restriction. There now exists the need to improve the consumer credit industry to enable the citizens of Virginia to continue to be able to obtain both the necessities …