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Articles 1 - 30 of 44
Full-Text Articles in Banking and Finance Law
Lending Discrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Keith N. Hylton, Vincent D. Rougeau
Lending Discrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Keith N. Hylton, Vincent D. Rougeau
Faculty Scholarship
Although it has been settled law for almost two decades, there has been a heightened interest in the Community Reinvestment Act (CRA) over the last several years. One factor driving this interest is the continuing economic decline of the inner cities and the consequent widening of the wealth gap between cities and surrounding suburbs in many areas of the country. A second factor is the consolidation of the banking industry, which has encouraged expansion-oriented banks to improve their CRA ratings to gain the approval of regulators. A recent effort to enhance enforcement of the statute, in part the result of …
Lender Liability Under Cercla: Options For Lenders Faced With Potential Liability, John Charles Bell
Lender Liability Under Cercla: Options For Lenders Faced With Potential Liability, John Charles Bell
Buffalo Environmental Law Journal
No abstract provided.
Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala
Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala
Faculty Publications
No abstract provided.
Calling Off The Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty, Lawrence A. Hamermesh
Calling Off The Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty, Lawrence A. Hamermesh
Vanderbilt Law Review
Two parallel bodies of American law establish the obligations of corporate directors to disclose information about the corporation to its existing stockholders: (1) the Securities Exchange Act of 1934, and (2) state common law, including doctrines such as fraud and negligent misrepresentation. Although these state common law doctrines have been applied to transactions in corporate securities, their significance has been largely eclipsed by comprehensive federal regulation.
Of growing importance, however, is a state law duty that courts have created and imposed upon directors based upon their fiduciary relation to the corporation and its stockholders. In the last twenty years, this …
An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy
An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy
West Virginia Law Review
No abstract provided.
Gats And Financial Services: Redefining Borders, Jeffrey Simser
Gats And Financial Services: Redefining Borders, Jeffrey Simser
Buffalo Journal of International Law
No abstract provided.
Insider Trading, Gaston Mirkin
Are Credit-Card Late Fees "Interest"? Delineating The Preemptive Reach Of Section 85 Of The National Bank Act Of 1864 And Section 521 Of The Depositary Institutions Deregulation And Monetary Control Act Of 1980, Kevin G. Toh
Michigan Law Review
This Note argues that neither section 85 of the NBA nor section 521 of the DIDA preempts state consumer-credit-protection laws regulating late fees on credit-card transactions. Part I discusses the three approaches that the Supreme Court has devised and used over the years to determine when a federal law preempts state law: express preemption, implied preemption, and conflict preemption. Part II applies express preemption analysis and asserts that the ordinary meaning of DIDA section 521's express preemption language does not evince Congress's intent to preempt state prohibitions of late fees. Part III applies implied preemption analysis and argues that neither …
Treatment Of Interest Rate Swaps Under The Sec's Net Capital Rule: A Proposal For Change, Matthew Calhoun Frost
Treatment Of Interest Rate Swaps Under The Sec's Net Capital Rule: A Proposal For Change, Matthew Calhoun Frost
William & Mary Law Review
No abstract provided.
M&A: Survival Of The Fittest In The 21st Century: Strategic Positioning In The Banking And Communications Industries - M&A In The Banking Industry Investment Banking Perspective, Neil Mccarthy
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A In The Banking Industry: Legal Perspective, Fred B. White
M&A In The Banking Industry: Legal Perspective, Fred B. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Corporate Restructuring & Spin-Offs, Michael Kliegman
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Corporate Restructuring & Spin-Offs, Michael Kliegman
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A Implications Of Telecommunications Act Of 1996, Jay L. Birnbaum
M&A Implications Of Telecommunications Act Of 1996, Jay L. Birnbaum
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Should A Bank Acquire, Merge, Or Divest, Maureen S. Bateman
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Should A Bank Acquire, Merge, Or Divest, Maureen S. Bateman
Fordham Journal of Corporate & Financial Law
No abstract provided.
International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala
International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
Michigan Journal of International Law
Review of International Finance: Transactions, Policy, and Regulations by Hals S. Scott and Philip A. Wellons
Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White
Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White
Other Publications
1. Under what circumstances is it bad faith for an issuer to honor a letter of credit in the face of an applicant's offer of proof of fraud by the beneficiary? 2. What is the issuer's obligation where there is a waiver by the applicant that the issue chooses not to honor? 3. What are the rights of transferees of transferable letters of credit and assigness of proceeds?
An Emerging Duty To Report Criminal Conduct: Banks, Money Laundering, And The Suspicious Activity Report, Matthew R. Hall
An Emerging Duty To Report Criminal Conduct: Banks, Money Laundering, And The Suspicious Activity Report, Matthew R. Hall
Kentucky Law Journal
No abstract provided.
Analysis Of The U.S. Regulations Of Derivatives: Does The Use Of Such Complicated Instruments Pose A Serious Threat To The Safety And Soundness Of The U.S. Banking System?, Erwin De Deyn
LLM Theses and Essays
In the last fifteen years, the globalization of financial markets and institutions along with innovative investment strategies have caused an irreversible revolution in the world’s financial markets. Investors and managers can now use new instruments, such as derivatives, for guarding against financial risks. Derivatives are financial instruments whose returns are derived from other assets or variables, like futures and options. The growth of derivative markets has accelerated rapidly in the last ten years, which has caused financial markets in the United States and throughout the world to be more efficient, which contributes to economic welfare. However, the dramatic growth in …
A Test Case For The World Bank, Daniel D. Bradlow
A Test Case For The World Bank, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Thrift Crisis And The Constitution, Stanley I. Langbein
The Thrift Crisis And The Constitution, Stanley I. Langbein
Articles
No abstract provided.
Recent Challenges To The Persistent Dual Banking System, Heidi Mandanis Schooner
Recent Challenges To The Persistent Dual Banking System, Heidi Mandanis Schooner
Scholarly Articles
This essay begins with a brief discussion of the history of the dual banking system in Part I. Part II reviews the justifications for, and criticisms of, the dual banking system. Part III details the recent challenges to the dual banking system. Part IV looks to the future of the dual banking system and concludes that Congress has chosen not to preempt entirely the states' authority despite the continued erosion of states' authority over safety and soundness issues. This leaves the states with a continuing opportunity to serve as laboratories of innovation in bank regulation. If the states seize this …
Who Determines When Enough Is Enough - Refocusing Regulatory Limitations On Banks’ Compensation Practices, Heidi Mandanis Schooner
Who Determines When Enough Is Enough - Refocusing Regulatory Limitations On Banks’ Compensation Practices, Heidi Mandanis Schooner
Scholarly Articles
This article examines the banking agencies' authority-both old and new-to regulate banks' compensation practices. The article considers whether the agencies' implementation of their statutory authority is appropriate. In evaluating the appropriateness of regulation in this area, the regulators' mandate to preserve the safety and soundness of banks is balanced against the banks' need to compete in an increasingly competitive marketplace.' 9 Also, the banking agencies' activities in this area are viewed against the backdrop of considerable legal and management scholarship addressing issues of compensation. Parts I, II and III of the article address the sources of the agencies' authority to …
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Articles & Chapters
No abstract provided.
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.
See No Evil - The Role Of The Directed Trustee Under Erisa, Patricia W. Moore
See No Evil - The Role Of The Directed Trustee Under Erisa, Patricia W. Moore
Faculty Articles
Just before ERISA's passage, Congress added a provision allowing a sponsoring employer to use a "named fiduciary" – usually one or more of the employer's officers – to direct the trustee. In that case, the trustee is to "be subject to proper directions of such fiduciary which are made in accordance with the terms of the plan and which are not contrary to this Act." Such a trustee is commonly called a "directed trustee."
After ERISA became law, commentators immediately observed that section 403(a)(1) generated more questions than answers. For instance, is a directed trustee a "fiduciary" at all? Does …
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Faculty Scholarship
The presence of recourse in the sale of a financial asset is generally thought to jeopardize the "true sale" treatment of the sale, especially in the event of the seller's bankruptcy. This article examines the existing law and concludes that a transfer that qualifies as a sale under state law should be treated as a sale even if the buyer retains recourse to the seller, so long as recourse is limited to warranting that the asset will perform in accordance with its terms.
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Shift From Power To Process: A Functional Approach To Foreclosure Law, Basil Mattingly
The Shift From Power To Process: A Functional Approach To Foreclosure Law, Basil Mattingly
Faculty Publications By Year
No abstract provided.