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Articles 1 - 30 of 51
Full-Text Articles in Banking and Finance Law
Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks
Adopting Article Iv: Can Consumers Afford To Rely On The Banks' Good Faith?, Robert A. Fricks
Mercer Law Review
In 1990 the National Conference of Commissioners on Uniform State Laws and the American Law Institute approved comprehensive changes to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C."). These changes will greatly impact consumer transactions and alter the relationship between banks and their customers. As of December 1994, thirty-six states had adopted the revised Articles. While most states adopted them as written, some have made changes which provide the consumer with greater protection. The Georgia General Assembly will soon address the issue of whether to adopt the new Articles. At issue is whether the revisions warrant added consumer …
Financing Publicly Owned Treatment Works And Instituting Enforcement Measures Against Non-Compliant Works Under The Clean Water Act, Valentina O. Okaru
Financing Publicly Owned Treatment Works And Instituting Enforcement Measures Against Non-Compliant Works Under The Clean Water Act, Valentina O. Okaru
Buffalo Environmental Law Journal
No abstract provided.
State Banking Department, M. Brenot
State Banking Department, M. Brenot
California Regulatory Law Reporter
No abstract provided.
Department Of Savings And Loan, E. Finelli
Department Of Savings And Loan, E. Finelli
California Regulatory Law Reporter
No abstract provided.
United Structures V. G.R.G. Engineering: Set-Off V. Recoupment In Miller Act Payment Bond Disputes, Dennis M. Sponer
United Structures V. G.R.G. Engineering: Set-Off V. Recoupment In Miller Act Payment Bond Disputes, Dennis M. Sponer
BYU Law Review
No abstract provided.
Anti-Money Laundering Regulations: A Burden On Financial Institutions, Duncan E. Alford
Anti-Money Laundering Regulations: A Burden On Financial Institutions, Duncan E. Alford
Faculty Publications
No abstract provided.
State Banking Department, B. Lebrecht
State Banking Department, B. Lebrecht
California Regulatory Law Reporter
No abstract provided.
Department Of Savings And Loan, M. Friedman
Department Of Savings And Loan, M. Friedman
California Regulatory Law Reporter
No abstract provided.
China's Gatt Bid: Why All The Fuss About Currency Controls, Chris Brown
China's Gatt Bid: Why All The Fuss About Currency Controls, Chris Brown
Washington International Law Journal
China did not succeed in its bid to join the General Agreement on Tariffs and Trade (GATT) during the Uruguay Round. A key stumbling block was China's mechanism of exchange rate controls. From the mid-1980s to the end of 1993, China used a dual-rate currency mechanism, administering these rates through a loose network of about 100 exchange centers ("swap centers"). The swap centers helped to create partial convertibility of the Chinese currency and were instrumental in creating incentives for China's exporters and in attracting foreign investment. However, the swap centers also caused trade conflicts with the U.S. and within GATT. …
The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude
The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude
Federal Communications Law Journal
The recent proliferation of computer and telecommunications technologies have dramatically changed the banking industry's business sector. While this modernization has allowed banks to increase their efficiency and service, banking regulations have not kept pace. Telecommunications companies, armed with new FCC regulations encouraging increased competition, have eagerly taken this opportunity to expand their business offerings into the financial services sector. In this Note, the Author examines the telecommunications services presently provided by banks and the present regulatory structure that prevents further bank entry into the telecommunications sector. The Author concludes that banking regulations should be changed to allow banks to enter …
Community Development Banking Strategy For Revitalizing Our Communities, Rochelle E. Lento
Community Development Banking Strategy For Revitalizing Our Communities, Rochelle E. Lento
University of Michigan Journal of Law Reform
CDCUs and CDLFs may outnumber CDBs, but their scope of lending activity pales in comparison. Despite CDBs' relatively small number, their impact on their respective communities warrants an in-depth discussion of their structures and formulas for success. This Article will provide an overview of the CDBs in the United States. Part I first sets forth the legal structure and purpose of CDBs, and then reviews the history and current status of mature CDBs and emerging CDBs. Part II considers community development credit unions, after which Part III gives community development loan funds similar treatment. Finally, Part IV analyzes the potential …
Inside Campaign Finance: Myths And Realities, Michael R. Phillips
Inside Campaign Finance: Myths And Realities, Michael R. Phillips
Michigan Law Review
A Review of Inside Campaign Finance: Myths and Realities by Frank J. Sarauf
Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task?, Cynthia C. Lichtenstein
Aiding The Transformation Of Economies: Is The Fund's Conditionality Appropriate To The Task?, Cynthia C. Lichtenstein
Cynthia C. Lichtenstein
No abstract provided.
Towards The Creation Of An International Legal Regime For The Operation Of Eurocurrency Deposits, Edmund Kwaw Professor
Towards The Creation Of An International Legal Regime For The Operation Of Eurocurrency Deposits, Edmund Kwaw Professor
Edmund Kwaw Professor
Eurocurrency deposits and placement transactions give rise to novel issues in international banking. The common law on the banker-customer rules is unable to deal with most of these issues. There is thus the need for an international legal regime to govern such deposit transactions.
Subordination Agreements, Bruce Macdougall
Subordination Agreements, Bruce Macdougall
Osgoode Hall Law Journal
Subordination agreements are not novel concepts in Canadian law, but the PPSAs ensure their more widespread use. Subordination agreements usefully provide flexibility to creditors and consequently permit enhanced access to credit for debtors. The adaptability of the subordination agreement presents difficult legal problems, the most important of which relates to characterization of their legal nature. Other problems include the resolution of multiple subordinations and the question of the enforceability of subordination agreements in bankruptcy. This paper explores those issues and cautions against undue restrictions being placed on either the availability or the characterization of subordination agreements.
14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young
14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young
Continuing Legal Education Materials
Materials from the 14th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in March 1994.
Nodak Bancorporation V. Clarke And Lewis V. Clark: Squeezing Out "Squeeze-Out" Mergers Under The National Bank Act, Thomas W. Maddi
Nodak Bancorporation V. Clarke And Lewis V. Clark: Squeezing Out "Squeeze-Out" Mergers Under The National Bank Act, Thomas W. Maddi
Washington and Lee Law Review
No abstract provided.
Paying For The Deal: An Analysis Of Analysis Of Wire Transfer Law And International Financial Market Interest Groups, Raj Bhala
Faculty Publications
No abstract provided.
Truth In Savings And The Failure Of Legislative Methodology, Eric J. Gouvin
Truth In Savings And The Failure Of Legislative Methodology, Eric J. Gouvin
Faculty Scholarship
The federal Truth in Savings Act (Truth in Savings) provides one example of failed legislative problem solving. On its face, Truth in Savings is a congressional attempt to solve constituents' problems. The statute, however, appears unlikely to resolve the issues presented to Congress and may even create new and unintended problems that will make matters worse. Truth in Savings, like many other legislative efforts, fails adequately to address constituents' problems because the methodology employed by legislative drafters suffers from a fundamental flaw - it has no built-in mechanism to define rigorously the problem being addressed. Without first identifying the problem, …
State Banking Department, B. Lebrecht
State Banking Department, B. Lebrecht
California Regulatory Law Reporter
No abstract provided.
Department Of Savings And Loan, M. Friedman
Department Of Savings And Loan, M. Friedman
California Regulatory Law Reporter
No abstract provided.
The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth
The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth
Michigan Journal of International Law
Review of The United States and the Politicization of the World Bank: Issues of International Law and Policy by Bartram S. Brown
Controlling The Dark Side Of Relational Investing, Edward B. Rock
Controlling The Dark Side Of Relational Investing, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
LLM Theses and Essays
An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …
Check Fraud Litigation In Connecticut After The 1990 Revisions To The U.C.C., Timothy Fisher
Check Fraud Litigation In Connecticut After The 1990 Revisions To The U.C.C., Timothy Fisher
Faculty Articles and Papers
No abstract provided.
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
Faculty Publications
Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Confederate Bonds, General Custer, And The Regulation Of Derivative Financial Instuments, Jerry W. Markham
Faculty Publications
The phenomenal growth of derivative financial instruments has sparked a near revolution in finance. These instruments take many forms and come in literally hundreds of varieties. Some, such as commodity futures and options, are heavily regulated when they are traded on organized exchanges. Other derivatives, particularly those traded over-the-counter, are subject to little regulation. Included on the list of unregulated derivatives are swap transactions. The swaps market alone is equal in size to the regulated markets with which it competes. The lack of regulation over such a large financial market and the losses suffered by some large firms in recent …
Privatization In Eastern Germany: A Comprehensive Study, Rainer Frank
Privatization In Eastern Germany: A Comprehensive Study, Rainer Frank
Vanderbilt Journal of Transnational Law
One of the greater problems arising from the reunification of Germany has been the privatization of land in eastern Germany. Initially, the principle that shaped the privatization policies was restitution, the idea that land unlawfully taken by the former East German government should be returned to its rightful owner. A second goal of the privatization program was to stimulate investment in the economy of eastern Germany. These two goals, however, have conflicted. The result has been a policy that has created confusion with regard to the ownership of property and clear title. This Article examines two series of amendments, in …
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Tragedy, Irony, And Protectionism After Bcci: A Three-Act Play Starring Maharajah Bank, Raj Bhala
Faculty Publications
Post-BCCI legal developments regarding the regulation of foreign banks raise serious concerns of protectionism. The Foreign Bank Supervision Enhancement Act of 1991 and revisions to Federal Reserve Regulation K impose significant new legal burdens on foreign banks seeking to establish a physical presence in the U.S. The new legal regime reflects a tragic sacrifice of the principle of free trade in banking services in order to placate a fear of "bad" foreign banks. Ironically, the sacrifice of this principle by Congress and the Federal Reserve is incongruous with efforts of the United States Trade Representative (USTR). The USTR has negotiated …
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
The Inverted Pyramid Of Wire Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.