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Series

Banking and Finance Law

1995

Institution
Keyword
Publication

Articles 1 - 20 of 20

Full-Text Articles in Law

Bank Entry During The Antebellum Period, Andrew J. Economopoulos, Heather M. O'Neill Nov 1995

Bank Entry During The Antebellum Period, Andrew J. Economopoulos, Heather M. O'Neill

Business and Economics Faculty Publications

A recent study by Kenneth Ng (1988) challenges the view that free banking laws lowered barriers to entry. The authors' study examines bank entry and capital formation in free and nonfree banking states during the free banking period. A competitive model is developed and used to test if barriers were lowered in free banking states. The evidence indicates that entry significantly increased after the enactment of the free banking laws and that entry policy in nonfree banking states appeared to have been 'liberalized' when the free banking laws were enacted in other states.


Betting The Bank: How Derivatives Trading Under Conditions Of Uncertainty Can Increase Risks And Erode Returns In Financial Markets, Lynn A. Stout Oct 1995

Betting The Bank: How Derivatives Trading Under Conditions Of Uncertainty Can Increase Risks And Erode Returns In Financial Markets, Lynn A. Stout

Cornell Law Faculty Publications

On April 12, 1994, Procter & Gamble Co. announced that it had incurred pre-tax losses of $157 million from trading in leveraged interest rate swaps, a form of financial derivative. At the time that figure seemed enormous. Yet within a year, Procter & Gamble's misfortune had been overshadowed by that of Orange County, a wealthy California enclave that lost an estimated $2.5 billion of its investment fund as a result of dealings in reverse-repurchase agreements, inverse floaters, and other arcane instruments. Recent months have seen further losses by investment funds, government entities, and even colleges and Native American tribes. Perhaps ...


The Mexican Crisis: Who Should Be A Country's Lender Of Last Resort?, Cynthia C. Lichtenstein May 1995

The Mexican Crisis: Who Should Be A Country's Lender Of Last Resort?, Cynthia C. Lichtenstein

Boston College Law School Faculty Papers

No abstract provided.


Back To The Parent: Holding Company Liability For Subsidiary Banks — A Discussion Of The Net Worth Maintenance Agreement, The Source Of Strength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard Apr 1995

Back To The Parent: Holding Company Liability For Subsidiary Banks — A Discussion Of The Net Worth Maintenance Agreement, The Source Of Strength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard

All Faculty Scholarship

Given the statutory goal of parental accountability, this Article focuses on a narrow issue: Whether parental guarantees are the most effective regulatory tool for shielding the federal deposit insurance fund from losses when insured banking subsidiaries that are members of a multibank holding company system are insolvent. This Article posits that a needed complement to parental guarantees is temporary substantive consolidation of a holding company's affiliated banks. This would require the parent company to combine the assets of its banking siblings to facilitate the reorganization of a financially troubled subsidiary. Temporary enterprise consolidation is a necessary regulatory tool because ...


15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn Mar 1995

15th Annual Legal Issues For Financial Institutions Conference, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Walter R. Byrne Jr, Mark F. Sommer, Lisa Koch Bryant, Leonard A. Watkins, Thomas W. Grundy, Joann B. Heppermann, James C. Seiffert, William H. Haden Jr., T. Richard Riney, Marcus P. Mcgraw, W. Bradford Boone, John T. Mcgarvey, James F. Rose, J. Rick Jones, M. Thurman Senn, M. Brooks Senn

Continuing Legal Education Materials

Program and materials from the 15th Annual Legal Issues for Financial Institutions Conference held by UK/CLE on March 10-11, 1995.


The Discipline Of Institutions And The Disciplining Of Banks, Manuel A. Utset Jan 1995

The Discipline Of Institutions And The Disciplining Of Banks, Manuel A. Utset

Scholarly Publications

No abstract provided.


Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine P. Wells Jan 1995

Pragmatism, Feminism, And The Problem Of Bad Coherence, Catharine P. Wells

Boston College Law School Faculty Papers

In this Article, Professor Wells reviews Professor Margaret Jane Radin’s book, Reinterpreting Property. Professor Wells considers Radin’s work a rich repository of original insight, lucid analysis, and sharp debate and particularly appreciates the substantive introduction to the book, which analyses Radin’s ten-year project on property law in terms of the insights and methodological commitments of philosophical pragmatism. Professor Wells explores the contribution of Radin’s pragmatism to ongoing questions about the role of law in achieving social transformation and organizes her comments around the nature of Radin’s pragmatism, its connection to her feminism and what Radin ...


Power Without Responsibility Or Responsibility Without Power? Recent Developments In The Jurisdiction Of The Ontario Securities Commission, Mary Condon Jan 1995

Power Without Responsibility Or Responsibility Without Power? Recent Developments In The Jurisdiction Of The Ontario Securities Commission, Mary Condon

Articles & Book Chapters

In its present legislative form and in its administration, the Ontario Securities Act has taken onto itself powers which this Commission believes were never intended...To correct this it believes that legislation should be enacted which will clearly define and limit the powers of the administrative authority to requirements under such legislation, and that these should not be deviated from for any reason of policy or otherwise.


Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz Jan 1995

Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz

Faculty Publications By Year

No abstract provided.


Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala Jan 1995

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation ...


Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico Jan 1995

Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico

Articles & Chapters

No abstract provided.


Fighting Poverty Through Community Empowerment And Economic Development: The Role Of The Community Reinvestment And Home Mortgage Disclosure Acts, Richard D. Marsico Jan 1995

Fighting Poverty Through Community Empowerment And Economic Development: The Role Of The Community Reinvestment And Home Mortgage Disclosure Acts, Richard D. Marsico

Articles & Chapters

No abstract provided.


The Transformation Of French Corporate Governance And United States Institutional Investors, James Fanto Jan 1995

The Transformation Of French Corporate Governance And United States Institutional Investors, James Fanto

Faculty Scholarship

No abstract provided.


The Global Alchemy Of Asset Securitization, Steven L. Schwarcz Jan 1995

The Global Alchemy Of Asset Securitization, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.


Fiduciary Duties’ Demanding Cousin: Bank Director Liability For Unsafe Or Unsound Banking Practices, Heidi Mandanis Schooner Jan 1995

Fiduciary Duties’ Demanding Cousin: Bank Director Liability For Unsafe Or Unsound Banking Practices, Heidi Mandanis Schooner

Scholarly Articles and Other Contributions

The term "unsafe or unsound banking practices" serves as a statutory trigger for virtually every key administrative sanction available against bank directors. Congress has not defined either the term "unsafe or unsound banking practices" or its counterpart "safety and soundness," leaving the federal banking agencies considerable discretion in the interpretation and application of the term. Given the potential breadth of the term, the banking agencies have the ability to seek administrative remedies in cases covering a broad range of director conducL Thus, "unsafe or unsound banking practices" is a potent source of director liability.

Professor Schooner argues that "unsafe or ...


The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann Jan 1995

The Value Of Public-Notice Filing Under Uniform Commercial Code Article 9: A Comparison With The German Legal System Of Securities In Personal Property, Jens Hausmann

LLM Theses and Essays

In contrast to the public-notice filing system under U.C.C. Article 9, the modern German law of securities in personal property lacks publicity of security interests. The German courts have developed a mesh of priority rules exhaustively described in this analysis. Despite the costs and risks arising under the formal filing system, the U.C.C. accomplishes a preferable balance of interests involved in secured transactions. It assures certainty to creditors about the priority of security interests in particular assets, whereas the German law comprehensively recognizes the debtor’s interest in the secrecy of the transaction and the need ...


Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu Jan 1995

Notification Of Documentary Discrepancies In Letter Of Credit Transactions, Hong Liu

LLM Theses and Essays

The objective of the thesis is to examine only one aspect of the legal relationship between an issuer and a beneficiary, i.e., an issuer’s duties regarding notifying a beneficiary of documentary discrepancies in the letter of credit transactions. To lay down a theoretical foundation, the basic principle of the letter of credit law and policy considerations for this legal obligation will be explored in the thesis. In Chapter II, the relevant provisions of the U.C.C and U.C.P. will be examined and compared. Chapter III will focus on how the courts interpret and apply the ...


Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott Jan 1995

Parents As Fiduciaries, Elizabeth S. Scott, Robert E. Scott

Faculty Scholarship

Traditionally, the law has deferred to the rights of biological parents in regulating the parent-child relationship. More recently, as the emphasis of legal regulation has shifted to protecting children's interests, critics have targeted the traditional focus on parents' rights as impeding the goal of promoting children's welfare. Some contemporary scholars argue instead for a "child-centered perspective," in contrast to the current regime under which biological parents continue to have important legal interests in their relationship with their children. The underlying assumption of this claim is that the rights of parents and the interests of children often are conflicting ...


The Mythology Of Article 9, Robert E. Scott Jan 1995

The Mythology Of Article 9, Robert E. Scott

Faculty Scholarship

Debt Collection as Rent Seeking marks an important moment in contemporary jurisprudence: the transformation of David Carlson from trenchant, fire-in-the-belly, no-holds-barred critic to abstract-modeling, implausible-assuming, game-theorizing, law and economics maven. On that basis alone, it is a great read.


Foxes And Hen Houses?: Personal Trading By Mutual Fund Managers, Edward B. Rock Jan 1995

Foxes And Hen Houses?: Personal Trading By Mutual Fund Managers, Edward B. Rock

Faculty Scholarship at Penn Law

No abstract provided.