Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Banking and Finance Law

2012

Institution
Keyword
Publication
Publication Type
File Type

Articles 31 - 60 of 322

Full-Text Articles in Law

An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings Oct 2012

An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings

Pepperdine Law Review

No abstract provided.


Order On Motion To Dismiss (Benfield V. Wells Et Al.), John J. Goger Oct 2012

Order On Motion To Dismiss (Benfield V. Wells Et Al.), John J. Goger

Georgia Business Court Opinions

No abstract provided.


Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi Oct 2012

Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi

Pepperdine Law Review

No abstract provided.


Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman Oct 2012

Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman

David B. Hunter

An ever-increasing number of standards, guidelines, principles, norms, and best practices have been adopted to address the environmental and social impacts of multinational enterprises (MNEs). This increase in standards and norms corresponds to a rise in MNE sensitivity to the environmental and social impacts that their activities have on local communities in developing countries. These standards and norms are considered voluntary by definition because they are typically not state-sponsored or the product of public regulation. They fill a normative gap located between the state-centered focus of international law and the often inadequate or unenforced standards of the developing country hosts …


Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter Oct 2012

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

David B. Hunter

No abstract provided.


Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova Oct 2012

Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova

Faculty Scholarship

Recent estimates of the level of VAT fraud in the EU are commensurate with the EU budget. With the Green paper on the future of VAT, the European Commission stressed the urgency and necessity of comprehensive VAT reforms. This paper analyses the business and legal implications of the recently proposed split-payment mechanism, which, if implemented, would move VAT’s method of collection to real-time. The discussion is positioned in the context of two increasingly visible trends in the EU – the general shift towards greater reliance on indirect taxation and the growing popularity of electronic payment instruments. The potential implementation of …


Leveraging Art (Alternative Risk Transfer) For Difficult To Value Assets, William Byrnes Oct 2012

Leveraging Art (Alternative Risk Transfer) For Difficult To Value Assets, William Byrnes

William H. Byrnes

No abstract provided.


Avalon Holdings , Llc V. Ameris Bank, Et Al. Order On Jnov, Melvin K. Westmoreland Oct 2012

Avalon Holdings , Llc V. Ameris Bank, Et Al. Order On Jnov, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle Oct 2012

The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle

Scholarly Publications

No abstract provided.


The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna Oct 2012

The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna

North Carolina Central Law Review

No abstract provided.


Foreign Direct Investment Catalysts In West Africa: Interactions With Local Content Laws And Industry-Community Agreements, Ibironke T. Odumosu-Ayanu Oct 2012

Foreign Direct Investment Catalysts In West Africa: Interactions With Local Content Laws And Industry-Community Agreements, Ibironke T. Odumosu-Ayanu

North Carolina Central Law Review

No abstract provided.


Business Law Bulletin, Fall 2012 Oct 2012

Business Law Bulletin, Fall 2012

Business Law Bulletin

No abstract provided.


A Regulatory Design For Monetary Stability, Morgan Ricks Oct 2012

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' …


The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer Oct 2012

The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer

Faculty Scholarship

This paper estimates the total cost of patent litigation to alleged infringers. We use a large sample of stock market event studies around the date of lawsuit filings for US public firms from 1984-99. We find that the total costs of litigation are much greater than legal fees and costs are large even for lawsuits that settle. Lawsuits cost alleged infringers about $28.7 million ($92) in the mean and $2.9 million in the median. Moreover, infringement risk rose sharply during the late 1990s to over 14% of R&D spending. Small firms have lower risk relative to R&D.


Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr. Oct 2012

Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.

All Faculty Scholarship

One of the more important issues emerging out of the 2008 financial crisis concerns the proper resolution of a systemically important financial institution. In response to this, Title II of Dodd-Frank created the Orderly Liquidation Authority, or OLA, which is designed to create a resolution framework for systemically important financial institutions that is based on the resolution authority that the FDIC has held over commercial bank failures. In this article, we consider the various alternatives for resolving systemically important institutions. Among these alternatives, we discuss OLA, a European-style bail-in process, and coerced mergers, while also extensively focusing on the bankruptcy …


Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel Sep 2012

Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel

Norma E Pimentel

No abstract provided.


Mortgage Securitization 666: The Crime That Took Place - Jpmorgan Chase And Its Wamu Customers, Symphony Music Sep 2012

Mortgage Securitization 666: The Crime That Took Place - Jpmorgan Chase And Its Wamu Customers, Symphony Music

Symphony Music

This description of the crime that Chase participates in as it proceeds with its foreclosure activities is necessary because the banking industry is misleading the judicial system about important financial aspects of today’s home loan mortgages. This is an initial attempt to describe the crime, including references to La Cosa Nostra and the crime families.


The Inherent Instability Of The Financial System, Kim De Glossop Sep 2012

The Inherent Instability Of The Financial System, Kim De Glossop

The Journal of Business, Entrepreneurship & the Law

The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase further assets, and so on. The basis for the idea is Hyman Minsky's Financial Instability Hypothesis, itself a reinterpretation of The General Theory of Employment, …


"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu Sep 2012

"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu

The Journal of Business, Entrepreneurship & the Law

Drawing upon the theoretical concepts of reputation and social networking, this article's main objective is to assess how investment banks choose external law firms. Using qualitative methods, I show that investment banks, to varying degrees, rely on internal counsel, procurement specialists, and boards of directors to decide which firm to select. When choosing a specific law firm for the first time, corporate decision-makers are likely to evaluate law firms based on intangible factors like reputation and the word-of-mouth referrals of their colleagues. In subsequent selections of a law firm, these factors are transplanted by past results. Firm expertise and cost …


The Federal Reserve As Last Resort, Colleen Baker Sep 2012

The Federal Reserve As Last Resort, Colleen Baker

University of Michigan Journal of Law Reform

The Federal Reserve, the central bank of the United States, is one of the most important and powerful institutions in the world. Surprisingly, legal scholarship hardly pays any attention to the Federal Reserve or to the law structuring and governing its legal authority. This is especially curious given the amount of legal scholarship focused on administrative agencies that do not have anywhere near as critical a domestic and international role as that of the Federal Reserve. At the core of what the Federal Reserve does and should do is to conduct monetary policy so as to safeguard pricing, including that …


The Volcker Rule's Hedging Exemption, Spencer A. Winters Sep 2012

The Volcker Rule's Hedging Exemption, Spencer A. Winters

Michigan Law Review First Impressions

The comment period for the proposed regulations to be promulgated under the Volcker Rule expired on February 13, 2012. The rulemakers received over 16,000 comments during that period, in what one commentator described as a "fecal storm." Though that description is hopefully an exaggeration, it is safe to say that the Rule's implementation has been contentious. The Volcker Rule, named for former chairman of the Federal Reserve Paul Volcker, is a component of the Dodd-Frank Act, which Congress passed in response to the recent financial crisis. The Rule's statutory provision charges the nation's financial regulators with issuing a body of …


Towards A New Transition Economics, Katharina Pistor Sep 2012

Towards A New Transition Economics, Katharina Pistor

Katharina Pistor

In these brief comments I take issue with the thesis expressed in Konstantin Sonin’s conference review that economic transition is a thing of the past. To the contrary, I argue that it has only just begun and so has the process of rethinking the economic theories and models that have framed the subfield of transition economics. Specifically, I point out that the many surprises economists have encountered when confronted with the actual results of the transition process reveal deeper flaws in the analytical framework that informs their analyses and policy prescriptions. If protecting theories and models is of first order …


Front Matter Sep 2012

Front Matter

Michigan Business & Entrepreneurial Law Review

No abstract provided.


The Intellectual Integrity Of Ed Baker, Vincent Blasi Sep 2012

The Intellectual Integrity Of Ed Baker, Vincent Blasi

West Virginia Law Review

No abstract provided.


Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois Aug 2012

Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois

Dr. Fabien LIEGEOIS

Analyse de la systématique du Modèle suisse d'accords bilatéraux en matière d'imposition à la source (All;R-U; Aut).


Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock Aug 2012

Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock

Charles W. Murdock

No abstract provided.


Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock Aug 2012

Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock

Charles W. Murdock

No abstract provided.


Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, Frederick Tung, M Todd Henderson Aug 2012

Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, Frederick Tung, M Todd Henderson

Faculty Scholarship

In the years before the Financial Crisis, banks got to pick their regulators, engaging in a form of regulatory arbitrage that we now know was a race to the bottom. We propose to turn the tables on the banks by allowing regulators, specifically, bank examiners, to choose the banks they regulate. We call this “reverse regulatory arbitrage,” and we think it can help improve regulatory outcomes. Building on our prior work that proposes to pay bank examiners for performance — by giving them financial incentives to avoid bank failures — we argue that bank supervisory assignments should be set through …


Depoliticizing Financial Regulation, Steven A. Ramirez Jul 2012

Depoliticizing Financial Regulation, Steven A. Ramirez

Steven A. Ramirez

No abstract provided.


Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen Jul 2012

Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article focuses on some problems arising from applying the product due diligence requirement of the suitability rule to complex financial products. The article draws several conclusions. First, the ‘not unsuitable’ test should be adopted to reduce legal uncertainty. Second, the comparative risk approach is a better choice in assessing the suitability of investment products. However, there must be further elaboration of the classification of product risk. Third, there must be a balance between risk and return to avoid risk mismatches in product design. Fourth, what have been termed minibonds raise the problem of documentation suitability. Though it is difficult …