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Full-Text Articles in Law
A Regulatory Design For Monetary Stability, Morgan Ricks
A Regulatory Design For Monetary Stability, Morgan Ricks
Vanderbilt Law Review
This Article proposes a unified regulatory approach to the issuance of "money-claims"--a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably the central problem for financial regulatory policy. Yet our existing regulatory system lacks a coherent approach to this market. The Article proposes a public-private partnership ("PPP") regime, under which only licensed entities would be permitted to issue money - claims (subject to de minimis exceptions). Licensed money- claim issuers would be required to abide by portfolio restrictions and capital requirements. In addition, the government would explicitly insure licensed issuers' …
Making Banks Transparent, Robert P. Bartlett, Iii
Making Banks Transparent, Robert P. Bartlett, Iii
Vanderbilt Law Review
It was March 2007, and in the Mediterranean resort of Monte Carlo, Matt King was making dire predictions about a collapse of the U.S. subprime housing market-a subject that must have seemed as inconsequential as it was foreign to most of this casino town's well- heeled visitors. But for Mr. King, head of quantitative credit strategy for Citigroup, the ramifications of rising subprime foreclosure rates were anything but inconsequential. Speaking at Citigroup's annual credit conference, King emphasized how subprime credit had been repackaged into securities such as collateralized debt obligations ("CDOs"), which now sat in large quantities on banks' balance …
Recovering "Protection And Security", George K. Foster
Recovering "Protection And Security", George K. Foster
Vanderbilt Journal of Transnational Law
Among the most persistent controversies in international investment law is the nature of the "'protection and security" standard found in most investment treaties. Some tribunals contend that the standard requires nothing more than physical protection of covered investments, while others maintain that it requires legal security as well. Some insist that it is entirely distinct from the fair and equitable treatment standard that is often expressed in the same sentence or paragraph, while others effectively conflate the two standards. These conflicting decisions are undermining the legitimacy of investment treaty arbitration, but this Article seeks to resolve the controversies underlying them …
The New Exit In Venture Capital, Darian M. Ibrahim
The New Exit In Venture Capital, Darian M. Ibrahim
Vanderbilt Law Review
This Article is the first to explore the emergence of a potentially game-changing third exit option in venture capital: secondary markets for the sale of individual ownership interests in private start-ups and venture capital funds.6 Unlike IPOs and trade sales, secondary markets operate at the individual investor level rather than at the start-up level. Because investors have different liquidity needs, an individual-investor option offers exit to those who need it-for example, to the serial entrepreneur who wishes to start another venture or to the VC whose fund is about to expire and who must return capital to his investors. Secondary …