Law Commons^™

Revised Articles 3 And 4 Of The Uniform Commercial Code: A Friendly Critique, Daniel E. Murray

University of Miami Law Review

No abstract provided.

Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose

San Diego Law Review

In 1990, Congress attempted to fill a long-standing void in the United States immigration laws by providing an updated immigrant investor visa codified as section 203(b)(5) of the Immigration and Nationality Act. The old, obsolete immigrant investor visa had only required a $40,000 investment. The new visa generally requires a $1,000,000 investment. The demand for this new higher priced version has, however, been exceedingly low. Although this immigrant investor visa category allows for 10,000 visa issuances per year, only 78 were issued in fiscal 1992 and no more than 500 are expected to be issued in fiscal 1993. This Article …

Federal Common Law And The Need For Uniformity In The Regulation Of Federal Savings And Loan Associations And Federal Credit Unions, Raquel Maria Prieguez

San Diego Law Review

Federal courts have authority to fashion federal common law in a few narrow instances. Through an examination of relevant precedent in the area of federal common law, this Comment identifies essential factors necessary for the fashioning of federal common law where the rights and duties of the United States are involved. It then applies the findings to the issue of whether state or federal law should govern in actions against officers and directors of federal savings and loan associations and federal credit unions for breach of fiduciary duties or breach of bylaws. This Comment also finds that some federal courts …

Nondeposit Deposits And The Future Of Bank Regulation, Jonathan R. Macey, Geoffrey P. Miller

Michigan Law Review

We argue in this paper that the nation has already entered with a vengeance into the era of nondeposit deposit banking. The traditional bank deposit against which reserves must be held and deposit insurance paid is suffering encroachment from a wide variety of competitive instruments and arrangements, all of which, to one degree or another - often to a substantial degree - serve a function economically similar to that of the checking account at a depository institution.

The legal system may respond to these developments by attempting to bring nondeposit deposits under regulation, as it has done with other banking …

Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan

University of Michigan Journal of Law Reform

This Article will examine modern banking practices with respect to processing checks and the effect of technology on liability for forged or altered checks. Part I describes the magnetic ink character-recognition system. Part II discusses check truncation. Part III recounts the evolution of contract and tort theories of liability from traditional to modern bank practices. Part IV analyzes the new comparative negligence provisions. Part V investigates the standards of ordinary care. Part VI evaluates the respective duties of the banks and their customers in light of the provisions that reflect the banking industry's transformation from the Paper Age to the …

British Banks' In The Uk Capital Markets Since The Big Bang, Philip N. Hablutzel

All Faculty Scholarship

No abstract provided.

State Banking Department, M. Shepard

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, S. Hilberg

California Regulatory Law Reporter

No abstract provided.

Overt And Covert Bailouts: Developing A Public Bailout Policy, Cheryl D. Block

Indiana Law Journal

No abstract provided.

Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis

Michigan Law Review

This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part II …

State Banking Department, J. T. Whitely

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, P. Harrelson

California Regulatory Law Reporter

No abstract provided.

Banking And Insurance - Should Ever The Twain Meet?, Emeric Fischer

Faculty Publications

No abstract provided.

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

International Monetary Law: The Next Twenty-Five Years, Richard W. Edwards, Jr.

Vanderbilt Journal of Transnational Law

In this Article, Professor Edwards considers possible developments in international monetary law over the next twenty-five years. The author begins by discussing some formative events for international monetary law throughout the last twenty-five years, and he notes that unforeseen political developments can have a dramatic effect on monetary policy, and, therefore; make predicting future policy risky. The author does suggest, however, some policy changes that respond to current issues such as the trend toward currency consolidation, the need to improve public confidence in monetary processes, the need to stabilize the currencies of the states of the former Soviet Union, and …

Life In The Boardroom After Firrea: A Revisionist Approach To Corporate Governance In Insured Depository Institutions, Mark David Wallace

University of Miami Law Review

No abstract provided.

The Eagle Or The Ostrich: A United States Perspective On The Future Of Transnational Banking, Marilyn B. Cane

Vanderbilt Journal of Transnational Law

In this Article, Professor Cane discusses the problems of United States banking regulations in the new global financial system. These problems include antiquated legislation, the deposit insurance system, the dual federal-state banking system, and restrictive branching laws. Part II discusses the current deposit insurance system and options for reform. Part III poses the question of whether the United States should have "national" treatment or "reciprocal national" treatment for financial institutions. Part IV discusses the limitations the United States has put on its financial institutions and the disadvantage these limitations have caused globally. Finally, in Part V, Professor Cane discusses a …

U.S. Restructuring Legislation: Revising The International Banking Act Of 1978, For The Worse?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

State Regulation Of Broker-Customer Pre-Dispute Arbitration Agreements, Gerald A. Madek

North Carolina Central Law Review

No abstract provided.

Corporate Law Through An Antitrust Lens, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr

BYU Law Review

No abstract provided.

The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd

Michigan Law Review

This Note argues that FIRREA's gross negligence standard implements a minimum federal requirement that preempts state law only to the extent state law provides a more relaxed criterion. Part I examines the plain meaning of the statute and concludes that FIRREA preempts state law only to the extent the state law standard of care is lower than gross negligence. Part II scrutinizes FIRREA's legislative history and demonstrates that Congress did not intend to prevent states from imposing more stringent standards of liability. Part III analyzes the policies behind FIRREA and argues that the statute's purposes are best served by allowing …

State Banking Department, J. P. Junge Ii

California Regulatory Law Reporter

No abstract provided.

Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy

McGeorge School of Law Scholarly Articles

In this Article, Professor Malloy examines the convergence of regulatory standards among international regulators, suggesting that the dynamic of financial services regulation can best be understood as a conceptualized version of the bumper cars ride at an amusement park. While Professor Malloy suggests that a certain degree of convergence has already occurred in international regulation, thus decreasing the number of “bumps” in the ride, he also recognizes that much of this convergence remains prospective rather than actual, and currently is dominated by a pattern of regionalized regulation. Professor Malloy argues that, unless a converged pattern of regulation continues to develop, …

Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek

Michigan Journal of International Law

This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …

Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey

Sturm College of Law: Faculty Scholarship

Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …

Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

1991 Revisions To Articles 3 And 4 Of The Uniform Commercial Code, Timothy Fisher

Faculty Articles and Papers

No abstract provided.

A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford

Penn State International Law Review

No abstract provided.