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Law Commons

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Selected Works

2012

Banking and Finance Law

Banking and Finance

Articles 1 - 3 of 3

Full-Text Articles in Law

The Development Of The New Chinese Banking System: Domestic Modernization Or Global Financial Manipulation?, Shruti Rana Jan 2012

The Development Of The New Chinese Banking System: Domestic Modernization Or Global Financial Manipulation?, Shruti Rana

Shruti Rana

Over the last two decades the Chinese government has conducted an unprecedented and rapid transformation of its banking system. These changes are especially noteworthy because they are emerging against a backdrop of great global, as well as internal, financial turmoil. Moreover, the Chinese banking transformation is picking up steam at the very time China is increasingly flexing its political muscle on the global stage. These remarks argue that the current internal transformation of the Chinese banking system is inextricably intertwined with China’s rise in the global financial arena. They further argue that China’s unique banking structure and recent experiences can …


Righting Others' Wrongs: A Critical Analysis Of Clawback Suits In The Wake Of Madoff-Type Ponzi Schemes And Other Financial Frauds, Amy Sepinwall Dec 2011

Righting Others' Wrongs: A Critical Analysis Of Clawback Suits In The Wake Of Madoff-Type Ponzi Schemes And Other Financial Frauds, Amy Sepinwall

Amy J. Sepinwall

In a typical Ponzi scheme, early investors earn “profits” not through any legitimate investment activity on the part of the Ponzi scheme operator; instead the operator simply transfers money that later investors deposit to the earlier investors who seek redemptions. As such, when the scheme goes bust, as it must, the Ponzi scheme operator will not have enough money to cover all of the investors’ deposits, let alone the earnings on those deposits that the investors thought they were owed. Should the scheme’s winners – i.e., those who withdrew more money than they deposited – be compelled to return their …


Bringing Bailouts To Court: Applying Previously Unrealized Parallels Between Finance And Patents To Solve Economic Crises, Timothy Li Dec 2011

Bringing Bailouts To Court: Applying Previously Unrealized Parallels Between Finance And Patents To Solve Economic Crises, Timothy Li

Timothy Li

This Note argues that the Dodd-Frank Act will not prevent future government bailouts of failing banks, because Congress already promised and failed to end bank bailouts only twenty years earlier in response to the Savings and Loans Crisis. Rather than rely on extra-judicial remedies like the Orderly Liquidation Authority, banks should be brought to court in expedited finance trials subject to appeal to the Federal Circuit. One possible model could be expedited patent trials at the U.S. International Trade Commission. In fact, many previously unrealized parallels exist between finance and patents. Both require high technical expertise, benefit from nationwide jurisdiction, …