Law Commons^™

Note, Throwing A Monkey Wrench Into The Wheels Of International Finance: Wells Fargo Asia Ltd. V. Citibank, N.A., Edmund W. Sim

Michigan Journal of International Law

This note attempts to illustrate concisely the issues and potential ramifications of Wells Fargo. After describing the complex factual and procedural histories of the case, the note briefly surveys the various approaches to the Act of State doctrine and suggests that the Court should consider Act of State issues in Wells Fargo. Next, it examines the lower courts' analyses of the case and what effects their rulings would have if the Court were to adopt them. Due to the resulting legal confusion that the lower courts' decisions would wreak on the Eurodollar community, Wells Fargo should not remain …

Between Chiarella And Congress: A Guide To The Private Cause Of Action For Insider Trading Under The Federal Securities Laws, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

International Banking Secrecy: Developments In Europe Prompt New Approaches, Richard J. Gagnon Jr.

Vanderbilt Journal of Transnational Law

The frequent connection between banking secrecy and various corrupt political and business practices has drawn considerable attention from non-secrecy states. In Europe, the issue presently is ripe because of the European Community's plans for a unified economy in 1992. This Note begins with a moral and historical examination of banking secrecy. Then, the author reveals the banking practices and legal structures through which banking secrecy is exploited. The author next sets forth the substantive banking secrecy laws of four European states and attempts to surmise the direction of their policies regarding banking secrecy. Next, the author describes past attempts, both …

Department Of Savings And Loan, C. Merrill

California Regulatory Law Reporter

No abstract provided.

Dual Banking And State Bank Insurance Powers: Diversifying Financial Services Through The Back Door, Michael E. Schrader

Indiana Law Journal

No abstract provided.

Levit V. Ingersoll Rand Financial Corp.: The Demise Of Independent Preference Liability Under 550(A), 23 J. Marshall L. Rev. 501 (1990), Michael Keaton

UIC Law Review

No abstract provided.

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Federal Home Loan Bank Board
• Office of Thrift Supervision
• State Regulatory Framework
• Additional Research Sources
• Appendices

The Rtc: A Practical Guide To The Receivership/Conservatorship Process And The Resolution Of Failed Thrifts, Vicki O. Tucker, Patti G. Meire, Phyllis M. Rubinstein

University of Richmond Law Review

In response to a growing crisis in the thrift industry, Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA" or "Act"). The crisis was evidenced by the failure of over 500 thrifts between 1980 and 1988-more than three and one-half times as many in the previous forty-five years combined. In 1988 alone, the Federal Savings and Loan Insurance Corporation ("FSLIC," which prior to FIRREA insured most of the thrift industry's deposits) merged or liquidated over 200 insolvent thrifts, and the U.S. Government's General Accounting Office ("GAO") estimated in 1989 that at least 338 additional thrifts were …

The European Community's Second Banking Directive: Can Antiquated United States Legislation Keep Pace?, Christopher T. Toll

Vanderbilt Journal of Transnational Law

The European Community recently adopted the Second Banking Directive, which will lead to liberalized banking regulation throughout the Member States. Community banks will engage in a broad range of activities including commercial lending, selling securities, and issuing insurance. This broad range of activities will allow Community banks to compete more efficiently in global markets. In contrast, the strict regulatory structure of the United States includes the Glass-Steagall Act, which separates investment banking and commercial banking. This separation creates inefficiencies that reduce the competitiveness of United States banks in both international and United States markets. These inefficiencies are highlighted by the …

Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.

Money Laundering And Its Current Status In Switzerland: New Disincentives For Financial Tourism, Rebecca G. Peters

Northwestern Journal of International Law & Business

As a national source of tourism, the Swiss Alps are, at least in one sense, overshadowed by the banks and finance companies of Switzerland. Because of the relatively strict Swiss banking secrecy laws, the stability of the Swiss franc and the long-standing expertise of Swiss banks in currency trading, financial tourists in the past have relied with alarming consistency on Switzerland's financial system to "launder," i.e., introduce into the normal flow of legitimate capital, funds or assets stemming from illegal activities. Proof of Switzerland's status as a capital for financial tourism lies in the oft-observed coincidence that the trails of …

Direct Foreign Investment In The Caribbean: A Legal And Policy Analysis, Lewis D. Solomon, David H. Mirsky

Northwestern Journal of International Law & Business

The purpose of this Article is to delineate the central issues facing countries which seek to encourage direct foreign investment in their local economies, and to suggest which approaches to these issues appear most likely to facilitate the attraction of foreign capital, technology and expertise, while preserving local control over the potentially detrimental effects of such investment.

The Treaty With Poland Concerning Business And Economic Relations: Does It Provide More Incentive To The American Investor?, Todd Ewing

Northwestern Journal of International Law & Business

Among the reformed East European countries now embracing democratic notions, Poland has been the most aggressive in the effort to reach full-fledged democracy. These efforts are reflected by Poland's recent amendments to its foreign investment law and, most recently, the signing of a treaty with the United States in hopes of attracting American investors. This article briefly examines the role and content of this treaty in the context of the overall United States treaty program and, more importantly, determines whether the Treaty has the potential to stimulate U.S. investment above and beyond the incentives now in place under the foreign …

Joint Ventures, Antitrust, And Transnational Cartelization, Walter Adams, James W. Brock

Northwestern Journal of International Law & Business

Joint ventures have fired corporate imaginations and captured the fancy of government officials, who perceive them as key weapons in the struggle to achieve global competitiveness. Characterizing the trend as corporate America's version of the singles bar, Business Week reports that in the current rage for "strategic alliances," scarcely a day passes without the announcement of another cooperative inter-corporate agreement. The London Economist reports that "just as the vogue for aggressive takeovers in America and Britain has come to an end, many of the world's biggest companies are scrambling to sign up joint-venture partners or to conclude an alliance with …

Guidelines For Mergers And Acquisitions In France, David J. Berger

Northwestern Journal of International Law & Business

Recent developments in France, including the opening of French markets and the privatization of many of the companies nationalized in the early 1980s, have made France one of the leading countries for investment by American companies seeking to enter Europe prior to the unified European market in 1992. France's liberalization of foreign investment rules, as well as its lifting of foreign exchange controls, have further helped make French companies among the most attractive for both American and European investors.

Economic Issues Under The Omnibus Trade And Competitiveness Act Of 1988: An Overview, Parick T. Lennon

University of Miami Inter-American Law Review

No abstract provided.

Debt-Equity Swaps And U.S. Banks: Alternatives To Regulation K, Saturnino E. Lucio Ii

University of Miami Inter-American Law Review

No abstract provided.