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Articles 1 - 30 of 37
Full-Text Articles in Law
Internet Casinos: A Sure Bet For Money Laundering, Jon L. Mills
Internet Casinos: A Sure Bet For Money Laundering, Jon L. Mills
UF Law Faculty Publications
Since the end of World War II, American society has seen the emergence of technology promising to make life easier, better and longer lasting. The more recent explosion of the Internet is fulfilling the dreams of the high-tech pundits as it provides global real-time communication links and makes the world's knowledge universally available. Privacy concerns surrounding the develop-ment of the Internet have mounted, and in response, service providers and web site operators have enabled web users to conduct transactions in nearly complete anonymity. While anonymity respects individual privacy, anonymity also facilitates criminal activities needing secrecy. One such activity is money …
Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang
Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper traces the divergence of Singapore law from English law with regard to the grounds upon which a call on a performance bond can be restrained, in particular the recent recognition of the Singapore Court of Appeal's ruling that "unconscionability" is a separate ground to restrain the call of a performance bond. This article examines the legal nature of an on demand performance bond and seeks to challenge the assumption that a performance bond is a mirror image of a letter of credit. This paper also discusses the recent case of Cargill International v. Bangladesh Sugar and Food Industries …
Banks And Inner Cities: Market And Regulatory Obstacles To Development Lending, Keith N. Hylton
Banks And Inner Cities: Market And Regulatory Obstacles To Development Lending, Keith N. Hylton
Faculty Scholarship
Why are poor inner cities underserved by financial institutions, and why is it so difficult to find a solution to this problem? Explanations of the lending shortfall problem range between theories based on discrimination to the view that the lending market is working flawlessly. Drawing largely on the economic development literature, I elaborate an alternative explanation here. The asymmetric information theory I offer yields the prediction that urban minority communities will be underserved by financial institutions even in the absence of discriminatory intent.
I claim that the existing framework of banking regulation is in part responsible for the difficulty in …
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto
The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto
Faculty Scholarship
No abstract provided.
The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto
The Necessity Of (And The Threat Posed By) Consumer Financial Education For The New Financial Conglomerates, James A. Fanto
Faculty Scholarship
No abstract provided.
20th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
20th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Program and materials from the 20th Annual Legal Issues for Financial Institutions Conference held by UK/CLE in April of 2000.
Time And Money: One State's Regulation Of Check-Based Loans, Deborah A. Schmedemann
Time And Money: One State's Regulation Of Check-Based Loans, Deborah A. Schmedemann
Faculty Scholarship
This article, which is part narrative and part essay, describes one professor's experience working on “check cashing” (or “check-based loans”) cases at the Appalachian Research and Defense Fund in eastern Kentucky. Parts I and II describe the typical check-based loan transaction and its effects on low-income consumers. Part III recounts how the law of check-based loans has developed in Kentucky, during the professor’s time there and since. Part IV sets forth some observations about language and legal process, suggested by the preceding narrative.
Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan
Analyzing Bank Drafted Letter Of Credit Rules, The International Standby Practice (Isp98), John F. Dolan
Law Faculty Research Publications
No abstract provided.
Taxi And Limousines: The Last Bastion Of Economic Regulation, Robert M. Hardaway
Taxi And Limousines: The Last Bastion Of Economic Regulation, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
The study herein is divided into the following sections: Part II reviews the history of regulation and deregulation of the transportation industry in the United States and focuses on common denominators which the limousine industry shares with other sectors of the transportation industry, such as airlines, trucking, railroads, and taxicabs; Part II analyzes the history of economic regulation on the limousine industry and evaluates its competitive characteristics; Part IV collects the available data about the limousine industry and creates an economic model which can be used to plot the effects of regulation; Part V analyzes the various rationales which have …
Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody
Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody
Law Publications
No abstract provided.
The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park
The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park
LLM Theses and Essays
Mutual funds and hedge funds are popular forms of investment in the United States and throughout the world. Mutual funds are regulated by securities' regulators in the United States. Hedge funds, however, are not regulated because of their operational flexibility in investment. U.S. regulators are concerned that if they regulate hedge funds, hedge funds will, along with their economic benefits, emigrate to offshore havens. However, if we consider the importance of the American financial markets in the world, this idea can be dismissed. Due to globalization in the capital markets, small events in the United States can have large effects …
The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar
The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar
LLM Theses and Essays
The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …
Laws Governing Bank Securities Activities In The United States, Hanning Zhang
Laws Governing Bank Securities Activities In The United States, Hanning Zhang
LLM Theses and Essays
This thesis analyzes the previous regulatory approach to bank investment activities in the United States and its effects on the banking industry, discusses regulatory changes that expanded banking powers, reviews the new legislation and potential problems in the current movement of financial reform, and suggests some solutions. Chapter II reviews previous statutory regimes on bank securities activities, including those separating traditional and investment banking under the Glass-Steagall Act and Bank Holding Company Act. The regulatory regime under the E.U. banking system is addressed to give an example of successful deregulation, by which universal banks may fully enjoy the rapid changing …
Bank Of America National Trust & Savings Ass'n V. 203 North Lasalle Street Partnership: A Different Interpretation, Karen Gebbia
Bank Of America National Trust & Savings Ass'n V. 203 North Lasalle Street Partnership: A Different Interpretation, Karen Gebbia
Publications
The story of 203 North LaSalle Street is archetypical of real estate investments. A real estate investment partnership that had no other significant assets owned a substantial part of the 203 North LaSalle Street building, just as thousands of other real estate partnerships own thousands of other downtown office buildings across the United States. Like hundreds of other single asset real estate partnerships, the 203 North LaSalle Street Partnership fell upon financial hard times and filed a chapter 11 reorganization case to prevent the mortgagee from foreclosing on the building. As in many such cases, the financially decimated partners sought …
The Lease Of Money In Bankruptcy: Time For Consistency?, Laura B. Bartell
The Lease Of Money In Bankruptcy: Time For Consistency?, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell
Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Diversity And The Boardroom, Steven A. Ramirez
Diversity And The Boardroom, Steven A. Ramirez
Faculty Publications & Other Works
No abstract provided.
Depoliticizing Financial Regulation, Steven A. Ramirez
Depoliticizing Financial Regulation, Steven A. Ramirez
Faculty Publications & Other Works
No abstract provided.
United States -- Tax Treatment For "Foreign Sales Corporations" Wto Doc. Wt/Ds108/Ab/R, Stanley I. Langbein
United States -- Tax Treatment For "Foreign Sales Corporations" Wto Doc. Wt/Ds108/Ab/R, Stanley I. Langbein
Articles
No abstract provided.
Banking Regulation: Its History And Future, Jerry W. Markham
Banking Regulation: Its History And Future, Jerry W. Markham
Faculty Publications
This article traces the history of the growth and regulation of banking services in the United States. That history will show how the existing regulatory structure was developed in response to demands of the Civil War and a populist crusade against the “money trust.” That effort reached its zenith with the New Deal legislation of the 1930s, but began to fall apart as financial services consolidated. The article will then show how the financial services industries (banking, insurance, securities and derivatives) began to merge in their product base while at the same time separating on a fault line between institutional …
Opening The Door To Business Methods: State Street Bank & Trust Co. V. Signature Financial Group, Inc. (Note), Colin P. Marks
Opening The Door To Business Methods: State Street Bank & Trust Co. V. Signature Financial Group, Inc. (Note), Colin P. Marks
Faculty Articles
Business method patents require further litigation to answer many lingering questions. The decision of the United States Court of Appeals for the Federal Circuit in State Street Bank & Trust Co. v. Signature Financial Group, Inc. eliminated the "business method" exception. The business method exception used a skeptical approach asking "why should a patent be granted." The skepticism inherent in this approach may explain why the doctrine was recognized for so many years.
Since the time of Hotel Security Checking Co. v. Lorraine Co., advances in the field of science and the advent of computers have forced courts to constantly …
Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll
Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll
Publications
No abstract provided.
A Normative Analysis Of New Financially Engineered Derivatives, Peter H. Huang
A Normative Analysis Of New Financially Engineered Derivatives, Peter H. Huang
Publications
This Article analyzes whether the introduction of new derivative assets makes a society better or worse off. Because trading such non-redundant derivatives produces new distributions of income across time and over possible future contingencies, individuals can utilize such financial instruments to hedge risks not possible before the introduction of these assets. Thus, it may seem that new derivatives unambiguously benefit society. In fact, introducing sufficiently many new derivatives completes asset markets. Asset markets are complete if trading on them can attain every possible payoff pattern of wealth across time and over possible future contingencies. The first fundamental theorem of welfare …
Insolvent Bank’S Irrevocable Credit As Priority Payment Instrument: Barclays Bank V. Price Waterhouse, Benjamin Geva
Insolvent Bank’S Irrevocable Credit As Priority Payment Instrument: Barclays Bank V. Price Waterhouse, Benjamin Geva
Articles & Book Chapters
No abstract provided.
Securitizing Insurance Risks, Tamar Frankel, Joseph W. Laplume
Securitizing Insurance Risks, Tamar Frankel, Joseph W. Laplume
Faculty Scholarship
This Article analyzes and evaluates the legal problems that have arisen in connection with this rapidly developing insurance risk securitization. The first part of the Article deals with legal issues concerning the SPVs that undertake insurance and reinsurance contracts with ceding insurers and the other parties to the transaction. The Article addresses the dilemma in choosing the laws applicable to SPVs, the bonds they issue, and the persons and entities that form part of the securitization transaction. These laws involve state insurance laws, bankruptcy and tax laws, the Investment Company Act of 1940 and the Commodity Exchange Act of 1934, …
The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann
The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann
Faculty Scholarship
Common justifications for the use of the letter of credit fail to explain its widespread use. The classic explanation claims that the letter of credit provides an effective assurance of payment from a financially responsible third party. In that story, the seller – a Taiwanese clothing manufacturer, for example – fears that the overseas buyer – Wal-Mart – will refuse to pay once the goods have been shipped. Cross-border transactions magnify the concern, because the difficulties of litigating in a distant forum will hinder the manufacturer's efforts to force the distant buyer to pay. The manufacturer-seller solves that problem by …
Teaching Corporate Law From An Option Perspective, Peter H. Huang
Teaching Corporate Law From An Option Perspective, Peter H. Huang
Publications
No abstract provided.
Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton
Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton
All Faculty Scholarship
No abstract provided.
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Articles & Chapters
This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …