Law Commons^™

Fdic V. Philadelphia Gear: A Standby Letter Of Credit Backed By A Contingent Promissory Note Is Not A Deposit-The Supreme Court Changes Gear, Brett Paul, Andrew Peretz

University of Miami Law Review

No abstract provided.

Nonbank Banks: Congressional Options, Davis W. Turner

Vanderbilt Law Review

The Bank Holding Company Act I (BHCA) defines a bank as an institution that both accepts demand deposits and makes commercial loans. An institution choosing to perform only one of these two activities falls outside the scope of the BHCA and constitutes a "non-bank bank." The creators of a non-bank bank receive two principal benefits from the institution's status as a non-bank bank. First, a bank holding company acquiring a non-bank bank can avoid the geographical restrictions imposed by the Douglas Amendment to the BHCA. Second, a company outside of the banking industry may acquire a non-bank bank without becoming …

Usury Implications Of Alternative Mortgage Instruments: The Uncertainty In Calculating Permissible Returns, Martin S. Tanner

BYU Law Review

No abstract provided.

Unlaundering Dirty Money Abroad: U.S. Foreign Policy And Financial Secrecy Jurisdictions, Ethan A. Nadelmann

University of Miami Inter-American Law Review

No abstract provided.

Survey Of Banking Laws And Policies In Hong Kong And Singapore, Jagjit Kaur Meetook

BYU Law Review

No abstract provided.

Regional Reciprocal Banking Laws: Constitutional, But What Next?, C. Timothy Gray

Florida State University Law Review

No abstract provided.

Toward A Jurisprudence Of Bank-Customer Relations, Peter A. Alces

Faculty Publications

No abstract provided.

Introductory Note To The Basle Supervisors' Committee's Paper On Off-Balance Sheet Exposures, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

The Validity Of Sec Rule 3b-9 Which Requires Banks To Register As Broker-Dealers

Washington and Lee Law Review

No abstract provided.

Debtor State Law And Default: Enforcement Of Foreign Loan Agreements In Brazilian Courts, Brian L. Zimbler

University of Miami Inter-American Law Review

No abstract provided.

The Faa Buy-Sell Slot Rule: Airline Deregulation At The Crossroads, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article analyzes the economic and legal consequences of the FAA Buy-Sell Rule. As a background to this analysis, Part II briefly reviews the history and purposes of airline deregulation. Part III discusses airport access restrictions as a threat to free entry and, consequently, to airline deregulation. Parts IV and V review the economic and legal status of existing airport resources so that slot allocation may be viewed in the broader context of airport resources. (It will be shown, for example, that the Buy-Sell Rule fails to address entry at the most critical point of bottleneck, namely terminal space and …

Treasury Secretary James Baker's "Program For Sustained Growth" For The International Debt Crisis: Three Steps Toward Global Financial Security, Nancy A. Aliquo

Penn State International Law Review

This comment will offer a brief overview of the factors leading up to the present international debt crisis. The second and third prongs of Secretary Baker's Program for Sustained Growth will then be analyzed with particular emphasis on the roles Secretary Baker recommends that the IMF, the World Bank, and multinational commercial lending institutions play in resolving the LDC crisis. Last, actions that must be taken by the LDCs as well as LDC demands for trade liberalization will be discussed, along with the effects such trade liberalization would have on the LDC debt situation.

Was The Sigh Of Relief Premature? The Investment Canada Act, Susan D. Romer

Vanderbilt Journal of Transnational Law

On June 30, 1985 the Canadian Government enacted the Investment Canada Act (ICA), evoking a sigh of relief from the United States in vestment community. ICA replaced the Foreign Investment Review Act (FIRA). Burdensome Canadian regulations have impeded foreign investment in Canada throughout the last two decades. FIRA, in particular, blocked the free flow of foreign investment into Canada. In contrast, ICA's primary goal is "to encourage an inflow of capital and technology into Canada." As a result, United States investors have openly embraced ICA's arrival.

Once the initial euphoria wanes, however, and the United States investment community encounters ICA …

Foreign Bank Participation In The United States Capital Markets: A Legal Perspective, Roger M. Zaitzeff

Touro Law Review

No abstract provided.

Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson

University of Richmond Law Review

In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …

Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg

Cardozo Law Review

No abstract provided.

For A Few Dollars More: Client’S Right To Discharge His Attorney Under A Contingent Fee Contract, Irving Cohen

Cardozo Law Review

No abstract provided.

A Relational Theory Of Secured Financing, Robert E. Scott

Faculty Scholarship

Despite advances in finance theory, secured debt remains a puzzle. As a consequence, the justification for the current legal regulation of secured financing is similarly unclear. What purposes, whether benign or malignant, does security serve? And what explains the peculiar system of priorities established by Article 9 of the Uniform Commercial Code? These are particularly urgent questions for students of commercial law because legally created priorities among creditors are an apparent aberration. In most legal regimes, equal treatment of those similarly situated is an important normative goal. Indeed, much of federal bankruptcy law seems to reflect a conception of business …

The Role Of The Black Market In China's International Financial System, Amy E. Yates

Northwestern Journal of International Law & Business

The dichotomy between China's political theory and its administrative reality is nowhere more apparent than in the system China has developed to manage the inflow of foreign reserves into the country. In order to avoid disturbing the domestic economy, the government developed an elaborate two-tiered currency system. In addition, the government issued a set of Foreign Control Regulations which placed restrictions on the use of exchange. The regulations purported to place the use of foreign exchange under a "unified national plan." In reality, however, beyond the reaches of the officially promulgated regulations, a thriving black market for foreign currency, foreign …

Midwest Regional Interstate Banking, Ronald B. Given

Loyola University Chicago Law Journal

No abstract provided.

Irrevocability Of Bank Drafts, Certified Cheques And Money Orders, Benjamin Geva

Articles & Book Chapters

This article deals with three types of negotiable instruments payable on demand which are issued, stamped or signed by banks prior to their collection and payment, and used as mechanisms for the transmission of funds. These instruments are the bank draft, including the bank money order, the certified cheque, and the personal money order. The article is concerned with the binding effect, or the irrevocability, of the bank's obligation on these instruments under the law of bills and notes. It concludes that (1) the issuer of the bank draft is liable as a drawer, and under some circumstances, also as …

Sanelli V. Glenview State Bank: The Illinois General Assembly Enacts Retroactive Legislation To Save The Banking Industry - The Illinois Supreme Court Stays Out Of The Way, 19 J. Marshall L. Rev. 523 (1986), Margaret Rosalie O'Brien

UIC Law Review

No abstract provided.