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Banking and Finance Law Commons™

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Selected Works

1998

Articles 1 - 9 of 9

Full-Text Articles in Banking and Finance Law

Learning To Think About International Tax, Christian Johnson Dec 1998

Learning To Think About International Tax, Christian Johnson

Christian A. Johnson

Review of "International Taxation" by Charles I. Kingson and Cynthia A. Blum.

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Year 2000 Credit Risk And Derivatives: Insulating Banks From Counterparty Meltdown, Christian Johnson Sep 1998

Year 2000 Credit Risk And Derivatives: Insulating Banks From Counterparty Meltdown, Christian Johnson

Christian A. Johnson

Year 2000 computer software problems are looming large for financial institutions because bank regulators are now requiring them to confront not only their own problems, but also those of their customers. 

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Special Factors Making Small Post-Socialist Economies Susceptible To Bank System Risk Dec 1997

Special Factors Making Small Post-Socialist Economies Susceptible To Bank System Risk

Patricia A. McCoy

No abstract provided.

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The Demise Of The Common-Law Doctrine In D'Oench, Duhme Dec 1997

The Demise Of The Common-Law Doctrine In D'Oench, Duhme

Patricia A. McCoy

No abstract provided.

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At The Intersection Of Bank Finance And Derivatives: Who Has The Right Of Way?, Christian Johnson Dec 1997

At The Intersection Of Bank Finance And Derivatives: Who Has The Right Of Way?, Christian Johnson

Christian A. Johnson

The over-the-counter (“OTC”) derivatives industry has developed into one of the world's fastest growing financial markets.1Businesses of almost any description, size, and sophistication now engage in derivative transactions.

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Minimizing The Risks Of Otc Derivatives Through Loan Documentation, Christian Johnson Dec 1997

Minimizing The Risks Of Otc Derivatives Through Loan Documentation, Christian Johnson

Christian A. Johnson

Following an introduction to the two types of derivatives instruments (exchange and over-the-counter ("OTC")) this article focuses primarily on minimizing risk from OTC derivatives used to hedge variable interest rate risk. The author uses best practices observed in a loan documentation review of 200 institutions' transactions to demonstrate that the path to risk mitigation lies prudent loan documentation that includes definitions and controls. Controls may include restricting the amount of indebtedness, controlling the quality of the transaction, restricting the purposes for a transaction, pledging collateral, default provisions, application of proceeds, and the incorporation of loan covenants.

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Innoculating Against The Financial Flu, Cynthia C. Lichtenstein Dec 1997

Innoculating Against The Financial Flu, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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Dealing With Sovereign Liquidity Crises: New International Initiatives For The New World Of Volatile Capital Flows To And From Emerging Markets, Cynthia C. Lichtenstein Dec 1997

Dealing With Sovereign Liquidity Crises: New International Initiatives For The New World Of Volatile Capital Flows To And From Emerging Markets, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff Dec 1997

Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff

Ray D. Madoff

In this Article, Professor Madoff explores the ways in which the blunt tools of the wealth tax, and in particular the estate tax, uses a one-size-fits-all system to impose a tax on all property interests owned at the time of one’s death. Professor Madoff illustrates the ways in which these blunt tools can produce problematic results by examining their application to the right of publicity, a newly recognized property interest. Professor Madoff suggests that the imposition of the estate tax can force the commodification of an individual’s identity, regardless of one’s desire to refrain from marketing their identity, and explores …

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