Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Financial regulation (3)
- AIG (2)
- Credit default swaps (2)
- Over the counter derivatives (2)
- SEC (2)
-
- Bankruptcy (1)
- Brokerage Firms (1)
- Business law (1)
- CDOs (1)
- CDS (1)
- CFTC (1)
- Commodity Exchange Act (1)
- Counterparty risk (1)
- Credit derivatives (1)
- Dodd Frank (1)
- Economic crisis (1)
- Financial Institutions (1)
- Financial crisis (1)
- Home Mortgage Disclosure Act (1)
- Lehman Brothers (1)
- Margin (1)
- NYSE (1)
- OTC (1)
- Portfolio Margining (1)
- Regulation T (1)
- Subprime Lending (1)
- U.K. Court of Appeals (1)
- Wall Street (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Ask The Professor: How Does The U.K. Client Money Rules Differ From The U.S. Customer Segregated Rules When The Custodian Firm Fails To Treat Customer Property Properly?, Ronald Filler
Articles & Chapters
No abstract provided.
Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab
Counterparty Regulation And Its Limits: The Evolution Of The Credit Default Swaps Market, Houman B. Shadab
Articles & Chapters
Over-the-counter (OTC) derivatives are widely regarded as “unregulated” financial instruments. While it is true that OTC derivatives are subject to relatively minimal federal regulation, OTC derivatives are in fact subject to a robust form of control and governance in the form of counterparty regulation. Counterparty regulation arises when two or more parties are continually exposed to counterparty credit risk for the duration of a long-term contract, and it consists of specific governance mechanisms such as the daily adjustment of collateral and the netting out of redundant trades. Counterparty regulation governs derivatives transactions but not securities transactions.
This essay reviews recent …
Guilty By Association? Regulating Credit Default Swaps, Houman B. Shadab
Guilty By Association? Regulating Credit Default Swaps, Houman B. Shadab
Articles & Chapters
A wide range of U.S. policymakers initiated a series of actions in 2008 and 2009 to bring greater regulation and oversight to credit default swaps (CDSs) and other over-the-counter derivatives. The policymakers’ stated motivations echoed widely expressed criticisms of the regulation, characteristics, and practices of the CDS market, and focused on the risks of the instruments and the lack of public transparency over their utilization and execution. Certainly, the misuse of certain CDSs enabled mortgage-related security risk to become overconcentrated in some financial institutions.
Yet as the analysis in this Article suggests, failing to distinguish between CDS derivatives and the …
Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico
Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico
Articles & Chapters
This article examines the history of the Home Mortgage Disclosure Act (HMDA) and makes proposals for improving it to help prevent another economic crisis. Passed in 1975, HMDA requires most lenders to disclose information about their home mortgage loans, including the number of home mortgage applications it received; the purpose of each application; the type of loan; the decision on the application; the race, gender, and income of the loan applicant/borrower; the location of the loan and the median income and racial composition of the neighborhood; and the interest rate on the loan. HMDA was originally conceived of as a …
Ask The Professor: Portfolio Margining – How Will Dodd-Frank Impact Its Utilization?, Ronald Filler
Ask The Professor: Portfolio Margining – How Will Dodd-Frank Impact Its Utilization?, Ronald Filler
Articles & Chapters
This article analyzes the background and current status of portfolio margining, how it has evolved over the past several years, and how the recent Dodd-Frank Act will impact its utilization and effectiveness. Portfolio margining allows a broker-dealer to analyze a client's total overall portfolio from a risk-based analytical model, establishing the proper minimum initial margin requirements for the entire portfolio applying certain parameters. To be a more effective tool, changes to the U.S. Bankrupcty Code were needed. The Dodd-Frank Act made those legislative changes. It's now up to the regulators to make portfolio margining an even more effective and utilized …
Introduction: The Market Meltdown Of 2008 And The Future Of Financial Reregulation [Article], Faith Stevelman
Introduction: The Market Meltdown Of 2008 And The Future Of Financial Reregulation [Article], Faith Stevelman
Articles & Chapters
No abstract provided.