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Articles 1 - 9 of 9

Full-Text Articles in Law

A Brave New World: Credit Default Swaps And Voluntary Debt Exchanges, 45 J. Marshall L. Rev. 1227 (2012), Mark Swantek Jan 2012

A Brave New World: Credit Default Swaps And Voluntary Debt Exchanges, 45 J. Marshall L. Rev. 1227 (2012), Mark Swantek

The John Marshall Law Review

No abstract provided.


The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices And Expectations In Real Estate Transactions: How The Lack Of Informed Consent And The Absence Of The Civil Law Notary In The United States Contribute To The Global Crisis In Subprime Mortgage Investments, 11 J. Int'l Bus. & L. 133 (2012), Celeste M. Hammond, Ilaria Landini Jan 2012

The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices And Expectations In Real Estate Transactions: How The Lack Of Informed Consent And The Absence Of The Civil Law Notary In The United States Contribute To The Global Crisis In Subprime Mortgage Investments, 11 J. Int'l Bus. & L. 133 (2012), Celeste M. Hammond, Ilaria Landini

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


A Reflection On Financial Markets, 1 J. Marshall Global Mkt. L.J. 1 (2012), Leo Melamed Jan 2012

A Reflection On Financial Markets, 1 J. Marshall Global Mkt. L.J. 1 (2012), Leo Melamed

John Marshall Global Markets Law Journal

In 1972 the International Monetary Market (the “IMM”) was launched in order to provide the financial world the same ability as the agriculture industry to manage risk. At the time, no one knew if the IMM would succeed, have any merit, or be accepted by other members of the financial world. The IMM’s commencement was before the age of technology—before the onset of computers. Once computers existed, financial engineers had the ability to electronically allocate risk and the world began to acclimate to the idea of computer-generated financial derivatives. This Article stresses that full disclosure and transparency is ...


Product Innovation, Clearing, And Competition Among U.S. Derivatives Exchanges, 1 J. Marshall Global Mkt. L.J. 3 (2012), Michael Gorham Jan 2012

Product Innovation, Clearing, And Competition Among U.S. Derivatives Exchanges, 1 J. Marshall Global Mkt. L.J. 3 (2012), Michael Gorham

John Marshall Global Markets Law Journal

Futures traders are attracted to market liquidity—the ability to buy and sell without the transaction having a large impact on market price. Market liquidity is associated with a large number of buyers and sellers and high average daily volumes of trading. This Article discusses the reluctance of futures traders to switch to a new exchange which does not have as much liquidity as an older, established exchange and the difficulty that these new exchanges face in acquiring even a marginal portion of the market share. These difficulties arise because these exchanges choose to use a clearing house that they ...


The Matryoshka Doll Principle: Transparent Governance Obligations Of Finra Remain Safely Nested Within The Layers Of Existing Securities Regulation, 1 J. Marshall Global Mkt. L.J. 13 (2012), Brittany Mcintosh Jan 2012

The Matryoshka Doll Principle: Transparent Governance Obligations Of Finra Remain Safely Nested Within The Layers Of Existing Securities Regulation, 1 J. Marshall Global Mkt. L.J. 13 (2012), Brittany Mcintosh

John Marshall Global Markets Law Journal

This Article compares the U.S. Supreme Court’s holding in Free Enterprise Fund v. PCAOB to the factors used in Lebron v. National Railroad Passenger Corp. when determining whether a corporation is part of the government (and consequently subject to government control and the President’s removal powers). In Free Enterprise, the U.S. Supreme Court considered factors to determine whether or not an agency is a self-regulatory organization (an independent third party agency that is not subject to government control). Under the Free Enterprise test, the Court held that PCAOB was not an SRO (unlike the Financial Industry ...


Maybe There Is More Than One Reason They Call It A Derivative Lawsuit – The Implicit Corporate Duty To Hedge, 1 J. Marshall Global Mkt. L.J. 29 (2012), Joseph Michael Reyes Jan 2012

Maybe There Is More Than One Reason They Call It A Derivative Lawsuit – The Implicit Corporate Duty To Hedge, 1 J. Marshall Global Mkt. L.J. 29 (2012), Joseph Michael Reyes

John Marshall Global Markets Law Journal

Derivatives became the primary scapegoat after the financial markets crashed in 2008 and many large investment banks collapsed in the aftermath. Derivatives were thought to be far too risky and not transparent, even though derivatives were originally contrived in order to mitigate risk. Contrary to popular opinion, if used properly, derivatives are very effective in the mitigation of price changes, currency exchange, and interest rate risk. Moreover, the current regulatory landscape encourages the use of derivatives to hedge risk. The current financial environment encompasses the widespread use and acceptance of products that allow hedging to be a common trade practice ...


Dodd-Frank Whistleblower Program: Whistleblower Prevention Strategies, Criticisms, And Future Implications, 1 J. Marshall Global Mkt. L.J. 59 (2012), Florence Shu-Acquaye Jan 2012

Dodd-Frank Whistleblower Program: Whistleblower Prevention Strategies, Criticisms, And Future Implications, 1 J. Marshall Global Mkt. L.J. 59 (2012), Florence Shu-Acquaye

John Marshall Global Markets Law Journal

Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act authorized the SEC to create a committee that would be responsible for promulgating and enforcing rules to reward whistleblowers. Such rewards are to be paid from the Investor Protection Fund, which is embodied in SEC Rule 21F. The whistleblower provision is meant to promote corporate whistleblowing by incentivizing the prevention of financial abuse. Critics contend, however, that the whistleblower program fails to encourage corporations to strengthen internal compliance programs; instead, corporations will put more effort into whistleblower prevention strategies in order to prevent SEC enforcement actions. SEC Rule ...


Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean Jan 2012

Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean

The John Marshall Law Review

No abstract provided.


What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara Jan 2012

What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara

The John Marshall Law Review

No abstract provided.