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

Law Commons

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

Articles 1 - 11 of 11

Full-Text Articles in Law

Como Interpretar As Normas Emitidas Pelo Bacen E Cmn? Uma Resposta A Partir Da Evolução Do Modelo De Estado Brasileiro, Bruno Meyerhof Salama Sep 2009

Como Interpretar As Normas Emitidas Pelo Bacen E Cmn? Uma Resposta A Partir Da Evolução Do Modelo De Estado Brasileiro, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Este ensaio identifica referenciais preferenciais para a interpretação do marco regulatório do setor bancário brasileiro. O texto parte da transição do modelo de Estado brasileiro nas últimas duas décadas e dos seus reflexos sobre o direito administrativo bancário. O argumento apresentado é o de que o intérprete do marco regulatório bancário deve guiar-se a partir de uma perspectiva que defino como teleológica e insularizada, porém limitada pelas normas e princípios constitucionais que resguardam as liberdades individuais dos agentes privados ante o arbítrio do Estado.


Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey Jun 2009

Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey

Subhajit Basu

Many older people are not aware where and when advice is available. Furthermore they may be unaware that advice is needed


Securitization And Systemic Risk Amid Deregulation And Regulatory Failure Apr 2009

Securitization And Systemic Risk Amid Deregulation And Regulatory Failure

Patricia A. McCoy

During the recent housing boom, private-label securitization without regulation was unsustainable. Without regulation, securitization allowed mortgage industry actors to gain fees and to put off risks. The ability to pass off risk allowed lenders and securitizers to compete for market share by lowering their lending standards, which activated more borrowing. Lenders who did not join in the easing of lending standards were crowded out of the market. Meanwhile, the mortgages underlying securities became more exposed to growing default risk, but investors did not receive higher rates of return. Artificially low risk premia caused the asset price of houses to go ...


Digital Ethics In Bridging Digital Divide, Subhajit Basu Apr 2009

Digital Ethics In Bridging Digital Divide, Subhajit Basu

Subhajit Basu

Our information society is creating parallel systems: one for those with income, education and literacy connections, giving plentiful information at low cost and high speed: the other are those without connections, blocked by high barriers of time, cost and uncertainty and dependent upon outdated information. Hence it can be expressed the DD is nothing but a reflection of social divide. The question is what is the best strategy to construct an information society that is ethically sound? Most people have the views that ICT and underlying ideologies are neutral. This Technology has become so much naturalized that it can no ...


A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi Jan 2009

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Carlo Drago

The purpose of this paper is to contribute to the literature on director interlocks by illustrating and analysing the interlocking directorships among the Italian, French, German, UK and US listed Blue Chips. The comparison of the five countries considered shows that two national models stand out. On the one hand a model made of a high number of companies linked to each other through a small number of shared directors who serve on several company boards at the time (France, Germany, and Italy). On the other hand, in the UK much fewer companies are connected to each other essentially through ...


The Return Of The Rogue, Kimberly D. Krawiec Dec 2008

The Return Of The Rogue, Kimberly D. Krawiec

Kimberly D. Krawiec

The rogue trader—a figure that captured public attention in the 1990s— has returned to the spotlight, largely due to two phenomena. First, market volatility stemming from problems in the U.S. mortgage market spilled over into stock, commodity, and derivative markets worldwide, causing large losses at many financial institutions and bringing to light previously hidden unauthorized positions. Second, the rogue trader has returned to prominence due to domestic and international regulatory changes that have forced banks worldwide to focus more attention on operational risk, an important component of which is rogue trading.

Although critics have raised a number of ...


Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian M. Mccall Dec 2008

Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian M. Mccall

Brian M McCall

Since I first accepted an invitation to join this symposium, the subprime mortgage crisis has exploded into a systemic financial crisis. Analysis and pundits alike seem on a quest to outdo each other in using dramatic phrases to describe its historic proportions. The causes of a crisis so large must have a multiplicity of causes lying in the realms of bank regulation and supervision, the operation and regulation of the securitization market and the derivatives and insurance markets. Yet, the root and spark of the various financial reverberations initiated in the home mortgage finance market. My presentation will focus on ...


It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian M. Mccall Dec 2008

It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian M. Mccall

Brian M McCall

For decades scholars have been debating whether of not the institution of security can be explained and justified. After much discussion from varying points of view and hermeneutics, although some insights have been gained, the answer to the original question remains unresolved. This article attempts to bring new life to this debate by building on Professors Mooney and Harris’ idea of security interest as property right while taking account of the valid concerns of scholars such as Elizabeth Warren and Lyn Lopucki that certain results produced by the current system seem unjust. This reconciliation of these two strands of secured ...


Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel Dec 2008

Imagining Territories: Space, Place, And The Anticity, Jonathan Yovel

Jonathan Yovel

This essay explores the concept of "Territory" in some of its cultural forms, as well as looks into cultural and linguistic conditions for territories-talk. Initially, it engages territory as a pre-political representation and explores its formal relation to space and to place. It defines territory as the paradigmatic non-place and contrasts it with the concept of the city (in fact, an anticity), especially as reflected in renaissance and early modern art/architecture, with examples from Schedel, Bellini, Breugel and others, as well as from contemporary graphic works (Moebius, Qual, Nowak).

Moving from the cultural to the political, territories are then ...


International Aspect Of The Global Financial Crisis, Robert B. Ahdieh Dec 2008

International Aspect Of The Global Financial Crisis, Robert B. Ahdieh

Robert B. Ahdieh

This panel was convened at 9:00 a.m., Thursday, March 26, by its moderator, Robert Ahdieh of Emory University School of Law, who introduced the panelists: Michael Barr of the U.S. Treasury Department; Sean Hagan of the International Monetary Fund; Eric Pan of Cardozo University School of Law; Mark Weisbrot of the Center for Economic and Policy Research; and David Zaring of the University of Pennsylvania Wharton School of Business


Invigorating The Role Of The In-House Legal Advisor Towards Ethical Culture And Governance In Client-Business Organizations: From 21st Century Failures To True Calling, Ben G. Pender Ii Dec 2008

Invigorating The Role Of The In-House Legal Advisor Towards Ethical Culture And Governance In Client-Business Organizations: From 21st Century Failures To True Calling, Ben G. Pender Ii

Ben G Pender II

Invigorating the Role of the In-House Legal Advisor Towards Ethical Culture and Governance in Client-Business Organizations From 21st Century Failures to True Calling Ben G. Pender II J.D., University of St. Thomas School of Law, 2009 M.A. Sociology, Organizational Effectiveness, Clark Atlanta University, 1996. B.S., Sociology, Virginia Polytechnic Institute and State University, 1988. All Rights Reserved. © 2009. Summary This Article examines the need to invigorate the role of the in-house legal advisor from ‘mere legal technician’ to simultaneous legal advisory gatekeeper and ethical steward. This article asserts that the often-acquiescent in-house legal advisor as mere legal technician ...