Law Commons^™

Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson

Lyman P. Q. Johnson

No abstract provided.

Are Public Banks Something We Should Consider?, Prasad Krishnamurthy

Prasad Krishnamurthy

No abstract provided.

Does "Proceeds" Really Mean "Net Profits"? The Supreme Court's Efforts To Diminish The Utility Of The Federal Money Laundering Statute, Jimmy Gurule

Jimmy Gurule

No abstract provided.

Proteccion De Los Consumidores Contra Las Comisiones Bancarias Abusivas., Gabriel Martinez Medrano

Gabriel Martinez Medrano

Análisis del régimen de comisiones bancarias de Argentina y la protección del usuario. Comparación con los sistemas de España y Perú. Escrito por un abogado argentino.

The Sec And Accounting, In Part Through The Eyes Of Pacioli, Matthew J. Barrett

Matthew J. Barrett

As part of a symposium marking the seventieth anniversary of the creation of the Securities and Exchange Commission, this article pulls together two threads, namely Luca Pacioli's prominence in accounting and the importance of the Management's Discussion and Analysis (MD&A) requirements that seek to give investors an opportunity to view a public company through the eyes of management, to evaluate the SEC's record on certain accounting issues. Because writers in legal journals have largely ignored Pacioli's efforts, the article begins by highlighting some of the friar's contributions to accounting precepts. The article next applies some of those precepts in a …

Credit Default Swaps: Dubious Instruments, Charles W. Murdock

Charles W. Murdock

No abstract provided.

Proteccion De Usuarios De Los Servicios Financieros. Nuevo Regimen De Comisiones Y Cargos Bancarios, Gabriel Martinez Medrano

Gabriel Martinez Medrano

En el presente trabajo examinaremos el regimen de comisiones y cargos que los bancos, entidades financieras y administradoras de tarjetas de credito pueden establecer respecto de operaciones con sus clientes, y por cierto, tambien las que estan prohibidas. Se refiere a la legislacion de Argentina.

Introduction: Connecting The Dots Between Two Parallel Worlds, Rena Steinzor

Rena I. Steinzor

No abstract provided.

A More Realistic Approach To Directors' Duties, Michelle M. Harner

Michelle M. Harner

Expectations for what fiduciary duties can achieve in the corporate context are unrealistic. This segment of the law—and the alleged deficiencies therein—are blamed for corporate scandals, securities fraud, failed business plans, and even a company's insolvency. Risk is, however, inherent in business, and human beings are flawed. Fiduciary duty law cannot change these basic facts. To the extent we think it can, we will continue to be disappointed and frustrated. This essay considers recasting (and to a greater extent codifying) directors’ duties in a positive frame to help foster better director oversight. It does not suggest that codifying greater clarity …

Banking Deregulation, Local Credit Supply, And Small Business Growth, Prasad Krishnamurthy

Prasad Krishnamurthy

I show that the deregulation of bank branching in the United States lowered the sensitivity of small business growth to local credit supply. In urban markets, within-state deregulation of branching resulted in an 80% decrease in the effect of local deposit growth on the growth of establishments with 20-99 employees. Across-state deregulation had an effect of comparable size in county markets. I find effects of similar magnitude using employment growth and payroll growth as measures of business growth. Using the history of litigation over the scope of state bank regulation, I show these results continue to hold for states that …

Should The Mortgage Follow The Note?, John Hunt

John P Hunt

The law of mortgage assignment has taken center stage amidst foreclosure crisis, robosigning scandal, and controversy over the Mortgage Electronic Registration System. Yet a concept crucially important to mortgage assignment law, the idea that “the mortgage follows the note,” apparently has never been subjected to a critical analysis in a law review.

This Article makes two claims about that proposition, one positive and one normative. The positive claim is that it has been much less clear than typically assumed that the mortgage follows the note, in the sense that note transfer formalities trump mortgage transfer formalities. “The mortgage follows the …

Corporate Governance Issues, Peter Peterson, John Foster, Jeffrey M. Colon, William Treanor

Jeffrey M. Colon

No abstract provided.

Corporate Culture And Erm, Michelle M. Harner

Michelle M. Harner

The attitudes and actions of those viewed as leaders within a company (commonly referred to as “tone at the top”) help to define corporate culture and are critical to implementing a successful enterprise risk management (ERM) program. This paper explores the challenges and benefits of creating a risk-aware corporate culture, including the potential legal implications for boards of directors.

The Big Banks: Background, Deregulation, Financial Innovation, And ‘Too Big To Fail,’, Charles W. Murdock

Charles W. Murdock

The U.S. economy is still reeling from the financial crisis that exploded in the fall of 2008. This Article asserts that the big banks were major culprits in causing the crisis by funding the non-bank lenders that created the toxic mortgages, which the big banks securitized and sold to unwary investors. Ironically, banks that were then too big to fail are even larger today. The Article briefly reviews the history of banking from the Founding Fathers to the deregulatory mindset that has been present since 1980. It then traces the impact of deregulation, which led to the savings and loan …

Cross-Border Tax Administrative Assistance: “For The Times They Are A-Changin’”, Christian Bovet, Fabien Liegeois

Dr. Fabien LIEGEOIS

Ucc Update: 2013 Case Law Updates And Examples Of How A Bank May Be Able To Reduce Exposure On Potential Future Losses, William P. Huttenbach

William P. Huttenbach

No abstract provided.

A Primer On Clearing Otc Derivatives: A Buyside Blueprint For Implementation, Christian Johnson, Laura Dicioccio

Christian A. Johnson

Go West: How The Irs Should Foster Innovation In Its Agents, T. Keith Fogg

T. Keith Fogg

No abstract provided.

The Irony Of International Letters Of Credit: They Aren’T Secure, But They (Usually) Work, Margaret L. Moses

Margaret L. Moses

No abstract provided.

Fatca Implications For Latin American Clientele Of Swiss Banks, William Byrnes

William H. Byrnes

No abstract provided.

Fatca’S Compliance For San Diego Financial Institutions, William Byrnes

William H. Byrnes

No abstract provided.

Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross

Walter Effross

As customers go on-line rather than stand in line, financial institutions have been quick to accommodate this new form of interaction by constructing banking Web sites. However, federal regulators are increasingly concerned that the operators of these sites make appropriate disclosures to consumers and implement privacy policies for information collected through such sites. This article discusses the latest efforts by regulators and recommends that banks make the text of required disclosures displayed on their Web pages into hyperlinks to the home pages of the appropriate regulatory agencies. In addition, the article proposes the creation of industry-wide icons (such as the …

Cyber-Banking Gains Currency And Interest, Walter Effross

Walter Effross

No abstract provided.

The Potential Cost And Value Of Erm, Michelle M. Harner

Michelle M. Harner

The concept of enterprise risk managment (ERM) as a holistic approach to managing a company's risk profile has tremendous appeal. However, companies are frequently skeptical about its value and whether the results will justify the cost, effort, and challenges of implementing a meaningful ERM process. This report considers some of those concerns and highlights the governance, compliance, and cultural value of ERM.

In Defense Of The Gses, Steven A. Ramirez

Steven A. Ramirez

No abstract provided.

Recuperação Judicial E Trava Bancária, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

What You And Your Clients Need To Know About The J.O.B.S. Act, Neal Newman

Neal F. Newman

No abstract provided.

Functional Government In 3-D, Robert L. Glicksman, Alejandro E. Camacho

Robert L. Glicksman

The creation of new administrative agencies and the realignment of existing governmental authority are commonplace and high-stakes events, as illustrated by the recent creation of the Department of Homeland Security after 9/11 and of new financial regulatory agencies after the global recession of 2009. Scholars and policymakers have not devoted sufficient attention to this subject, failing to clearly identify the different dimensions along which government authority may be structured or to consider the relationships among them. Analysis of these institutional design issues typically also gives short shrift to whether authority should be allocated differently based on agency function. These failures …

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …