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Full-Text Articles in Law

The Volcker Rule And The Presumption Against Extraterritoriality: Utterly Incompatible, Christine P. Henry Apr 2016

The Volcker Rule And The Presumption Against Extraterritoriality: Utterly Incompatible, Christine P. Henry

William & Mary Business Law Review

The Volcker Rule, enacted in 2010 as part of the Dodd-Frank Wall Street Consumer Protection Act to address the “too big to fail” problem in today’s interconnected global economy, has been controversial from the outset. The deadline for banks to comply with Volcker regulations has been extended several times, with the most recent deadline set for July 21, 2016. This Note examines the impact of the Volcker Rule on foreign banks, detailing the specific effects of Volcker regulations on two prominent German banks, Deutsche Bank and Commerzbank, and analyzes the countervailing European approach to regulating proprietary trading and risky investment. …


The Global Significance Of Crowdfunding: Solving The Sme Funding Problem And Democratizing Access To Capital, Alma Pekmezovic, Gordon Walker Mar 2016

The Global Significance Of Crowdfunding: Solving The Sme Funding Problem And Democratizing Access To Capital, Alma Pekmezovic, Gordon Walker

William & Mary Business Law Review

This Article provides a comprehensive review of the crowdfunding phenomenon. It argues that equity crowdfunding (“ECF”) and, to a lesser extent, peer-to-peer lending (“P2PL”) offer the possibility of a global solution to the small and medium-sized enterprise (“SME”) funding problem. In the United States, the SME funding problem is exacerbated by the markedly diminishing rate of startup formation, a factor that injects a degree of urgency into resolving the optimal means to implement ECF. Here, as with the “fin-tech” revolution, the law lags behind technological developments. The second main argument is that ECF enhances access to capital for SMEs globally …