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2010

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Banking and Finance Law

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Articles 1 - 30 of 123

Full-Text Articles in Law

Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten Nov 2010

Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Financial Market, Jay B. Kesten

BYU Law Review

No abstract provided.


Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin Sep 2010

Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin

Legislation and Policy Brief

Instead, it will simply argue that while the relevant monetary policymakers continue far too slowly in the pursuit of mortgage securities reform, lawmakers whose purview includes the housing sector should use this opportunity to pursue a two-part strategy of aggressively combating fraud in the terms and sales of individual mortgages and taking bold measures to ensure that not simply embattled mortgage-holders but the victims of fraudulent lending behavior can achieve financial sustainability, even as they keep ownership of their homes.


Public Financing's Last Breaths, Kellen Clemons Sep 2010

Public Financing's Last Breaths, Kellen Clemons

Legislation and Policy Brief

After this peculiar and unique election cycle, the public financing laws will have to be redeveloped in order to have any bearing on future elections. Without some change to the rules, candidates will continue to opt out and use the Internet and grassroots initiatives to out-raise one another, to the possible disadvantage of the goals of the public finance system. In essence, this election cycle has seen politics destroy the current public financing system. Through the advisory opinions of the Federal Election Commission and the decisions of the major candidates to opt out of public financing, the role of the …


The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan Sep 2010

The Problem With The Solution: Why West Virginians Shouldn't "Settle" For The Uniform Debt Management Services Act, Ryan Mccune Donovan

West Virginia Law Review

No abstract provided.


Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries Aug 2010

Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries

Seattle University Law Review

What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …


The Challenges For Directors In Piloting Through State And Federal Standards In The Maelstrom Of Risk Management, Chief Justice E. Norman Veasey Aug 2010

The Challenges For Directors In Piloting Through State And Federal Standards In The Maelstrom Of Risk Management, Chief Justice E. Norman Veasey

Seattle University Law Review

In the 2010 Berle Center Directors’ Academy Keynote Address, Chief Justice Veasey addresses “the federal and state contexts relating to the corporate-governance focus on business risk and the expectations laid at the doorstep of directors and officers of U.S. public companies.” Specifically, Chief Justice Veasey looks “at the governance landscape through both a federal regulatory lens and a state judicial lens as it relates to risk assessment and risk management.”


The New Lex Mercatoria, Francesco Galgano Aug 2010

The New Lex Mercatoria, Francesco Galgano

Annual Survey of International & Comparative Law

We live in a post-industrial era. We learn this from sociologists who demonstrate it by showing the index of the number of industrial employees is lower than that of service employees, thus, a transition from an industrial to a post-industrial era. The United States was the first to pass this point in 1956, while Italy passed it in 1982. Post-industrial society is not just a society of automation. The prefix "post" implies other aspects as well. Besides an industrial society there is also a financial society. What is new is not only how the goods are produced (with machines controlled …


Newly Registered Securities And Accountants' Liability To Third Party Investors Under The Federal Securities Law, Timothy J. Murphy Aug 2010

Newly Registered Securities And Accountants' Liability To Third Party Investors Under The Federal Securities Law, Timothy J. Murphy

Golden Gate University Law Review

No abstract provided.


Consumer Credit Reporting: The California Experience, Eugene R. Oreck Aug 2010

Consumer Credit Reporting: The California Experience, Eugene R. Oreck

Golden Gate University Law Review

No abstract provided.


Requiem For The Bulge Bracket?: Revisiting Investment Bank Regulation, Onnig H. Dombalagian Jul 2010

Requiem For The Bulge Bracket?: Revisiting Investment Bank Regulation, Onnig H. Dombalagian

Indiana Law Journal

No abstract provided.


Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo Jun 2010

Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo

Brigham Young University International Law & Management Review

No abstract provided.


Why Banks Are Not Allowed In Bankruptcy, Richard M. Hynes, Steven D. Walt Jun 2010

Why Banks Are Not Allowed In Bankruptcy, Richard M. Hynes, Steven D. Walt

Washington and Lee Law Review

Unlike most other countries, the United States uses different Procedures to resolve insolvent banks and nonbank firms. The Bankruptcy Code divides control over nonbank firms among the various claimants, and a judge supervises the resolution process. By contrast, the FDIC acts as the receiver for an insolvent bank and has almost complete con trol. Other claimants can sue the FDIC, but they cannot obtain injunctive relief and their damages are limited to the amount that they would have received in liquidation. The FDIC has acted as the receiver of insolvent banks since the Great Depression, and the concentration of power …


The Global Financial Crisis And Proposed Regulatory Reform, Randall D. Guynn May 2010

The Global Financial Crisis And Proposed Regulatory Reform, Randall D. Guynn

BYU Law Review

No abstract provided.


"If You Poison Us Do We Not Die?" - A Critical Analysis Of The Legality Of Poison Puts In The Wake Of San Antonio Fire And Police Pension Fund V. Amylin, Inc., Marcus Kai Hintze May 2010

"If You Poison Us Do We Not Die?" - A Critical Analysis Of The Legality Of Poison Puts In The Wake Of San Antonio Fire And Police Pension Fund V. Amylin, Inc., Marcus Kai Hintze

BYU Law Review

No abstract provided.


Bank Privitization In Vietnam: Examining Changes To Management In Vietnam's New Banking Law, Decree No. 59/2009/Nd-Cp, George B. Radics Apr 2010

Bank Privitization In Vietnam: Examining Changes To Management In Vietnam's New Banking Law, Decree No. 59/2009/Nd-Cp, George B. Radics

Washington International Law Journal

Due to its WTO obligations, by 2010 Vietnam must open its banking system to the world. As a result, the nation attempted to drastically modernize its state owned banks through partial privatization. This partial privatization, locally translated as equitization, proposed serious challenges to the existing legal infrastructure facilitating banks. To cope with these new challenges, in September 2009, Vietnam’s new banking law, Decree 59/2009/ND-CP, was passed. An important change in the new banking law is its stricter regulation on the qualifications of managers. It is suspected that such regulation signals the nation’s resistance to surrender control over its banks and …


Implications Of Reputation Economics On Regulatory Reform Of The Credit Rating Industry, Paul Lasell Bonewitz Apr 2010

Implications Of Reputation Economics On Regulatory Reform Of The Credit Rating Industry, Paul Lasell Bonewitz

William & Mary Business Law Review

Credit rating agencies have for years averred that they would never intentionally issue or maintain inaccurate ratings due to the damage their reputation, and therefore their business, would suffer as a result. The reputation of credit rating agencies perhaps never suffered more than when thousands of structured debt securities proved to hold inflated ratings during the run-up to the credit crisis. Yet credit rating agencies remain as ingrained as ever in the global financial system. What is more, congressional testimony shows that credit rating agencies had the ability to rate more accurately, but intentionally failed to do so. Therefore, credit …


Fair Value Accounting: Friend Or Foe?, Ian E. Scott Apr 2010

Fair Value Accounting: Friend Or Foe?, Ian E. Scott

William & Mary Business Law Review

No abstract provided.


Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski Apr 2010

Taking A Gamble: Money Laundering After United States V. Santos, Rachel Zimarowski

West Virginia Law Review

No abstract provided.


Our Not-So-Great Depression, Craig Green Apr 2010

Our Not-So-Great Depression, Craig Green

Michigan Law Review

A Failure of Capitalism by Richard Posner is not a great book, and it does not pretend to be one. Posner summarizes the economic crisis of 2008-09 and considers proposals to reduce current suffering and avoid future recurrence (p. xvi). But when the book's final edits were made in February 2009, it was still too soon for authoritative solutions or full accounts of what had happened. Instead, Posner wrote a conspicuously contemporary-and thus incomplete-description of the crisis as it looked to him at the time (p. xvii). Now one year later, readers may need a reminder about the value of …


Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones Mar 2010

Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones

San Diego International Law Journal

This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.


Ponzi Schemes And Litigation Risks: What Every Financial Services Company Should Know, Kenneth C. Johnston, Kellie M. Johnson, Joseph A. Hummel Mar 2010

Ponzi Schemes And Litigation Risks: What Every Financial Services Company Should Know, Kenneth C. Johnston, Kellie M. Johnson, Joseph A. Hummel

North Carolina Banking Institute

No abstract provided.


Executive Compensation And Risk: Tarp Rules For Financial Institutions Trigger Broader Risk Assessment Of Compensation Policies, Michael S. Melbinger Mar 2010

Executive Compensation And Risk: Tarp Rules For Financial Institutions Trigger Broader Risk Assessment Of Compensation Policies, Michael S. Melbinger

North Carolina Banking Institute

No abstract provided.


Automated Injustice: How A Mechanized Dispute System Frustrates Consumers Seeking To Fix Errors In Their Credit Reports, Chi Chi Wu Mar 2010

Automated Injustice: How A Mechanized Dispute System Frustrates Consumers Seeking To Fix Errors In Their Credit Reports, Chi Chi Wu

North Carolina Banking Institute

No abstract provided.


The North Carolina Banking Institute Symposium On The Foreclosure Crisis: Overview, Kathryn E. Johnson, Carolyn E. Waldrep Mar 2010

The North Carolina Banking Institute Symposium On The Foreclosure Crisis: Overview, Kathryn E. Johnson, Carolyn E. Waldrep

North Carolina Banking Institute

No abstract provided.


The North Carolina Banking Institute Symposium On The Foreclosure Crisis: The Unintended And Unconstitutional Consequences Of The Helping Families Save Their Homes Act, Leila A. Hicks Mar 2010

The North Carolina Banking Institute Symposium On The Foreclosure Crisis: The Unintended And Unconstitutional Consequences Of The Helping Families Save Their Homes Act, Leila A. Hicks

North Carolina Banking Institute

No abstract provided.


The North Carolina Banking Institute Symposium On The Foreclosure Crisis: Municipalities Fight Effects Of Foreclosure With Litigation And Neighborhood Stabilization Program Grants, S. Adeline Mckinney Mar 2010

The North Carolina Banking Institute Symposium On The Foreclosure Crisis: Municipalities Fight Effects Of Foreclosure With Litigation And Neighborhood Stabilization Program Grants, S. Adeline Mckinney

North Carolina Banking Institute

No abstract provided.


The North Carolina Banking Institute Symposium On The Foreclosure Crisis: Mortgage Cramdown In Bankruptcy As A Necessary Incentive To Encourage Mortgage Modification, Marjorie B. Maynard Mar 2010

The North Carolina Banking Institute Symposium On The Foreclosure Crisis: Mortgage Cramdown In Bankruptcy As A Necessary Incentive To Encourage Mortgage Modification, Marjorie B. Maynard

North Carolina Banking Institute

No abstract provided.


Private Equity Investment In Failed Banks: Appropriate Investors Welcome, Frank Righeimer Martin Mar 2010

Private Equity Investment In Failed Banks: Appropriate Investors Welcome, Frank Righeimer Martin

North Carolina Banking Institute

No abstract provided.


Ubs Strikes A Deal: The Recent Impact Of Weakened Bank Secrecy On Swiss Banking, Carolyn B. Lovejoy Mar 2010

Ubs Strikes A Deal: The Recent Impact Of Weakened Bank Secrecy On Swiss Banking, Carolyn B. Lovejoy

North Carolina Banking Institute

No abstract provided.


Necessity Is The Mother Of Innovation During The Credit Crisis, David Line Batty Mar 2010

Necessity Is The Mother Of Innovation During The Credit Crisis, David Line Batty

North Carolina Banking Institute

No abstract provided.