Law Commons^™

Is The Cross-Guarantee Constitutional?, Jennifer J. Alexander

Vanderbilt Law Review

Banks play a unique and important role in our economy. They serve tremendously useful economic functions; for this reason, our society has become irretrievably dependent upon them. Banks safe- guard our life savings and business profits, and provide capital to those who need it to buy, invest, or grow.' Although these functions could be performed without an intermediary-private citizens may freely lend their cash to other private citizens who need it-banks are viewed as safer and more efficient controllers of cash flow. They allow depositors to pool their cash resources collectively in one institution; then, retaining a relatively low amount …

Bank Entry During The Antebellum Period, Andrew J. Economopoulos, Heather M. O'Neill

Business and Economics Faculty Publications

A recent study by Kenneth Ng (1988) challenges the view that free banking laws lowered barriers to entry. The authors' study examines bank entry and capital formation in free and nonfree banking states during the free banking period. A competitive model is developed and used to test if barriers were lowered in free banking states. The evidence indicates that entry significantly increased after the enactment of the free banking laws and that entry policy in nonfree banking states appeared to have been 'liberalized' when the free banking laws were enacted in other states.

Betting The Bank: How Derivatives Trading Under Conditions Of Uncertainty Can Increase Risks And Erode Returns In Financial Markets, Lynn A. Stout

Cornell Law Faculty Publications

On April 12, 1994, Procter & Gamble Co. announced that it had incurred pre-tax losses of $157 million from trading in leveraged interest rate swaps, a form of financial derivative. At the time that figure seemed enormous. Yet within a year, Procter & Gamble's misfortune had been overshadowed by that of Orange County, a wealthy California enclave that lost an estimated $2.5 billion of its investment fund as a result of dealings in reverse-repurchase agreements, inverse floaters, and other arcane instruments. Recent months have seen further losses by investment funds, government entities, and even colleges and Native American tribes. Perhaps …

The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason

Indiana Journal of Global Legal Studies

Dr. Steer and Mr. Mason begin by noting that since fundingfor

the Rio Earth Summit agreements has not been forthcoming,

multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or

advancing the environmental agenda set forth at the Summit. Dr.

Steer and Mr. Mason note that MFIs furnish three crucial functions

in implementing the global environmental agenda. First, MFIs are

able to target investments in developing countries that involve

important environmental issues. Second, MFIs are able to support

policy reforms within developing countries to ensure environmental

standards and issues are properly addressed. Finally, MFIs can

multiply a small amount offunding into a significant …

State Banking Department, D. Mulmat

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, D. Mancuso

California Regulatory Law Reporter

No abstract provided.

Department Of Alcoholic Beverage Control, R. Loadman

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, E. Finelli

California Regulatory Law Reporter

No abstract provided.

The Mexican Crisis: Who Should Be A Country's Lender Of Last Resort?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

Back To The Parent: Holding Company Liability For Subsidiary Banks — A Discussion Of The Net Worth Maintenance Agreement, The Source Of Strength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard

All Faculty Scholarship

Given the statutory goal of parental accountability, this Article focuses on a narrow issue: Whether parental guarantees are the most effective regulatory tool for shielding the federal deposit insurance fund from losses when insured banking subsidiaries that are members of a multibank holding company system are insolvent. This Article posits that a needed complement to parental guarantees is temporary substantive consolidation of a holding company's affiliated banks. This would require the parent company to combine the assets of its banking siblings to facilitate the reorganization of a financially troubled subsidiary. Temporary enterprise consolidation is a necessary regulatory tool because it …

From Behind The Looking Glass: Good Faith, Fiduciary Duty & Permitted Harm, Claire Moore Dickerson

Florida State University Law Review

No abstract provided.

National Banks And Section 91: Protection From Judgment Creditors Pending Appeal, Christian Johnson, William Deitrick

Christian A. Johnson

15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn

Continuing Legal Education Materials

Program and materials from the 15th Annual Legal Issues for Financial Institutions Conference held by UK/CLE on March 10-11, 1995.

Central Bank V. First Interstate Bank: Plain Language And The Implied Private Right Of Action Under Section Loch) And Rule 10b-5, T. James Lee Jr.

BYU Law Review

No abstract provided.

Doyle V. Ortega: Is Specific Performance Available For Buyers In An Earnest Money Contract?, Robert L. Phillips

Brigham Young University Journal of Public Law

No abstract provided.

The Transformation Of French Corporate Governance And United States Institutional Investors, James A. Fanto

Faculty Scholarship

No abstract provided.

The Transformation Of French Corporate Governance And United States Institutional Investors, James Fanto

Faculty Scholarship

No abstract provided.

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …

Banking Law - Hudson United Bank V. Chase Manhattan Bank, N.A.: The Third Circuit Decides That Firrea's Venue Provision Applies To Claims Against The Receiver, Robert N. Dengler

Villanova Law Review

No abstract provided.

Foreign Affairs Powers And "The First Crisis Of The 21st Century": Congressional Vs. Executive Authority And The Stabilization Plan For Mexico, James D. Humphrey Ii

Michigan Journal of International Law

This Note discusses whether the United States can meet such a crisis under current legal arrangements. Can officials respond quickly, forcefully, and effectively? The Mexican Peso Crisis was the first test of this ability, and therefore is examined as a case study. As the United States attempted to respond to the crisis on its border, several questions about the practical and constitutional propriety of the effort emerged. There is clearly no longer a basic consensus surrounding security issues as existed in the Cold War years. Indeed, for the first time since the end of the Cold War, circumstances forced a …

Wild Card Statutes, Parity, And National Banks - The Renascence Of State Banking Powers, Christian A. Johnson

Loyola University Chicago Law Journal

No abstract provided.

Fighting Poverty Through Community Empowerment And Economic Development: The Role Of The Community Reinvestment And Home Mortgage Disclosure Acts, Richard D. Marsico

Articles & Chapters

No abstract provided.

Bank Growth In The Investment Company Industry: Do Guidelines Issued By The Comptroller Of The Currency Compensate For Bank Exclusion From Statutory Provisions Of The Federal Securities Laws Defining "Broker/Dealer" And "Investment Adviser?", Paul A. Caldarelli

Campbell Law Review

Under the current regulatory scheme, banks directly engaged in mutual fund activities are regulated under the federal banking laws by the Office of the Comptroller of the Currency, whereas bank subsidiaries and non-bank affiliates engaged in mutual fund activities must be registered broker-dealers that are subject to Securities and Exchange Commission regulation under the federal securities laws. The regulatory tools provided to the banking regulators by the federal banking laws were designed to provide for the protection of depositors and for the safety and soundness of the bank. The remedies available under the federal banking laws dealing with violations involving …

The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann

LLM Theses and Essays

In contrast to the public-notice filing system under U.C.C. Article 9, the modern German law of securities in personal property lacks publicity of security interests. The German courts have developed a mesh of priority rules exhaustively described in this analysis. Despite the costs and risks arising under the formal filing system, the U.C.C. accomplishes a preferable balance of interests involved in secured transactions. It assures certainty to creditors about the priority of security interests in particular assets, whereas the German law comprehensively recognizes the debtor’s interest in the secrecy of the transaction and the need for external capital. Regarding the …

Liability Of Directors And Officers Under Firrea: The Uncertain Standard Of § 1821(K) And The Need For Congressional Reform, Christopher Tyson Gorman

Kentucky Law Journal

No abstract provided.

Shareholders' Preemptive Rights In West Virginia, Lori A. Dawkins

West Virginia Law Review

No abstract provided.

State Banking Department, M. Brenot

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, E. Finelli

California Regulatory Law Reporter

No abstract provided.

Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple

Indiana Law Journal

No abstract provided.

An Overview Of Fair Lending Legislation, 28 J. Marshall L. Rev. 333 (1995), Deanna Caldwell

UIC Law Review

No abstract provided.