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2002

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Articles 1 - 30 of 85

Full-Text Articles in Banking and Finance Law

Fourt (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen Nov 2002

Fourt (Or Five) Easy Lessons From Enron, Douglas G. Baird, Robert K. Rasmussen

Vanderbilt Law Review

Temptation. It lies at the heart of financial swindles. The promise of 50% returns in three months can lure thousands of investors-so too can a stock that soars 500% in three years. But those who are tempted are often skeptical. Before they invest, they want to know how one can enjoy such supracompetitive returns. The answer usually is a facially plausible story, though with a bit of mystery attached. The mystery is often touted as the reason that the investment opportunity is exclusive to the entrepreneur who discovered it. It is what ensures that the gains are not competed away. …

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"Hidden" Costs: A Case Study Of Bank And Borrowing And Interest Rate Swaps, Christian Johnson Oct 2002

"Hidden" Costs: A Case Study Of Bank And Borrowing And Interest Rate Swaps, Christian Johnson

Christian A. Johnson

Large money center and regional banks actively target and market interest rate swaps to middle market borrowers. Because these customers borrow at a variable rate, their bankers encourage them to hedge interest rate risk by concurrently entering into interest rate swaps.

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Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia Sep 2002

Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia

Max Garcia Sanchez

No abstract provided.

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The Otc Derivative Lawyer's Bookshelf: A Selected Biography, Christian Johnson Aug 2002

The Otc Derivative Lawyer's Bookshelf: A Selected Biography, Christian Johnson

Christian A. Johnson

The first popular publications about over-the-counter derivatives appear to have been written about the currency rate swap between the World Bank and IBM in 1981.

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Preview Of The 2002 Isda Master Agreement, Christian Johnson Aug 2002

Preview Of The 2002 Isda Master Agreement, Christian Johnson

Christian A. Johnson

The International Swaps and Derivatives Association is working on a revised version of the 1992 Master Agreement. Parties should carefully consider the proposed changes because these agreements have become the market standard for documenting over-the-counter derivatives. The 2002 ISDA Master Agreement is the result of several years of work by various ISDA documentation committees and reflects some of the best thinking in the area. The following column is based upon the July 2002 draft circulated by ISDA. There will only be one or two more drafts to be circulated prior to its anticipated publication in December. Although there will probably …

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The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam Jul 2002

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.

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Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins Jun 2002

Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins

University of Michigan Journal of Law Reform

In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense …

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Shame On You: Campaign Finance Reform Through Social Norms, Todd R. Overman May 2002

Shame On You: Campaign Finance Reform Through Social Norms, Todd R. Overman

Vanderbilt Law Review

In 1998, Senator Russell Feingold squared off against Representative Mark Neumann in a heated contest for a Wisconsin Senate seat. During the campaign, Representative Neumann and Senator Feingold voluntarily entered into a number of campaign finance restrictions.' Representative Neumann, despite losing the race to Senator Feingold, asserted that those restrictions "showed that campaign finance reform didn't require changes in law and was best handled on a voluntary basis.' In the 2000 New York Senate race, Representative Rick Lazio echoed Representative Neumann's sentiment and declared that it was he and "Mrs. Clinton's opportunity, to make a statement about our commitment to …

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A Tale Of Three Markets: The Law And Economics Of Predatory Lending Apr 2002

A Tale Of Three Markets: The Law And Economics Of Predatory Lending

Patricia A. McCoy

Predatory lending - the practice of making exploitative high-cost loans to naive borrowers - has spurred policy-makers, activists, lenders and scholars to debate whether intervention is warranted and, if so, what type of intervention is appropriate. The solution requires understanding the incentives in the home mortgage market that have fueled predatory lending. Recent changes in the credit market have created new possibilities for lenders to profit by exploiting information asymmetries to the detriment of unsophisticated borrowers. As a result, a new, predatory lending market has emerged alongside the legitimate prime and subprime home mortgage markets. Neither market forces nor existing …

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22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Apr 2002

22nd Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 22nd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2002.

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Spinning In A Hot Ipo - Breach Of Fiduciary Duty Or Business As Usual?, Therese H. Maynard Apr 2002

Spinning In A Hot Ipo - Breach Of Fiduciary Duty Or Business As Usual?, Therese H. Maynard

William & Mary Law Review

No abstract provided.

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State V. National Banks: The Battle Over Examination Fees, Connie Edwards Josey Apr 2002

State V. National Banks: The Battle Over Examination Fees, Connie Edwards Josey

North Carolina Banking Institute

No abstract provided.

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Online Transactions: Squaring The Gramm-Leach-Bliley Act Privacy Provisions With The Ftc Fair Information Practice Principles, David Annecharico Apr 2002

Online Transactions: Squaring The Gramm-Leach-Bliley Act Privacy Provisions With The Ftc Fair Information Practice Principles, David Annecharico

North Carolina Banking Institute

No abstract provided.

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Harmonization Of Disclosure Standards For Cross-Border Share Offerings: Approaching An "International Passport" To Capital Markets? (The Earl A. Snyder Lecture In International Law), J. William Hicks Apr 2002

Harmonization Of Disclosure Standards For Cross-Border Share Offerings: Approaching An "International Passport" To Capital Markets? (The Earl A. Snyder Lecture In International Law), J. William Hicks

Indiana Journal of Global Legal Studies

On March 1, 2001, Professor Hicks delivered the fifth annual Snyder Lecture at the University of Cambridge in the Lauterpacht Center for International Research.

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Reorganizations And Stochastic Collateral Value, Royce De R. Barondes Apr 2002

Reorganizations And Stochastic Collateral Value, Royce De R. Barondes

Faculty Publications

Bebchuk and Fried propose using a series of auctions to implement a market-based methodology for valuing secured claims in a reorganization. This Article demonstrates their procedure can result in a secured creditor receiving more than its ex ante bargain, and that the probability distribution of possible collateral values can be relevant to fulfilling the ex ante bargain. This Article further develops and examines a refinement of the Bebchuk and Fried procedure that provides an approximate solution to the overcompensation of secured creditors. This refinement reconceptualizes collateral as comprising two components: (i) a call option on that property, exercisable at the …

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The Law And Economics Of Consumer Finance, Richard M. Hynes, Eric A. Posner Apr 2002

The Law And Economics Of Consumer Finance, Richard M. Hynes, Eric A. Posner

Faculty Publications

No abstract provided.

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Foreword, North Carolina Banking Institute Apr 2002

Foreword, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

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Deposit Accounts Under The New World Order, Ingrid Michelsen Hillinger, David Line Batty, Richard K. Brown Apr 2002

Deposit Accounts Under The New World Order, Ingrid Michelsen Hillinger, David Line Batty, Richard K. Brown

North Carolina Banking Institute

No abstract provided.

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Federal Banking Agencies' Guidance On Subprime Lending: Regulation With A Divided Mind, Joseph A. Smith Jr. Apr 2002

Federal Banking Agencies' Guidance On Subprime Lending: Regulation With A Divided Mind, Joseph A. Smith Jr.

North Carolina Banking Institute

No abstract provided.

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The Increase In Predatory Lending And Appropriate Remedial Actions, Margot Saunders Apr 2002

The Increase In Predatory Lending And Appropriate Remedial Actions, Margot Saunders

North Carolina Banking Institute

No abstract provided.

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Does The Term Bank Broker-Dealer Still Have Meaning, Alan E. Sorcher, Satish M. Kini Apr 2002

Does The Term Bank Broker-Dealer Still Have Meaning, Alan E. Sorcher, Satish M. Kini

North Carolina Banking Institute

No abstract provided.

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Privacy Rights V. Anti-Money Laundering Enforcement, Robert S. Pasley Apr 2002

Privacy Rights V. Anti-Money Laundering Enforcement, Robert S. Pasley

North Carolina Banking Institute

No abstract provided.

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Confidentiality Of Communications By In-House Counsel For Financial Institutions, Janet J. Higley, Robert C. Jones Jr., Peter C. Buck Apr 2002

Confidentiality Of Communications By In-House Counsel For Financial Institutions, Janet J. Higley, Robert C. Jones Jr., Peter C. Buck

North Carolina Banking Institute

No abstract provided.

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Financial And Bank Holding Company Issuance Of Trust Preferred Securities, Todd H. Eveson Apr 2002

Financial And Bank Holding Company Issuance Of Trust Preferred Securities, Todd H. Eveson

North Carolina Banking Institute

No abstract provided.

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First Union V. Suntrust Banks: The Fight For Wachovia And Its Impact On North Carolina Corporate Law, Lijun K. Yang Apr 2002

First Union V. Suntrust Banks: The Fight For Wachovia And Its Impact On North Carolina Corporate Law, Lijun K. Yang

North Carolina Banking Institute

No abstract provided.

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The Great Turf War Of The New Millennium: Can Banks Engage In Real Estate Brokerage And Management Activities, Harrison K. Bishop Apr 2002

The Great Turf War Of The New Millennium: Can Banks Engage In Real Estate Brokerage And Management Activities, Harrison K. Bishop

North Carolina Banking Institute

No abstract provided.

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The North Carolina Business Court: North Carolina's Special Superior Court For Complex Business Cases, Carrie A. O'Brien Apr 2002

The North Carolina Business Court: North Carolina's Special Superior Court For Complex Business Cases, Carrie A. O'Brien

North Carolina Banking Institute

No abstract provided.

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State Usury Laws: Are They Effective In A Post-Glba World, Amanda Katherine Hill Sadie Apr 2002

State Usury Laws: Are They Effective In A Post-Glba World, Amanda Katherine Hill Sadie

North Carolina Banking Institute

No abstract provided.

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Increased Federal Deposit Insurance Coverage: At What Cost, Nancy J. Coppola Apr 2002

Increased Federal Deposit Insurance Coverage: At What Cost, Nancy J. Coppola

North Carolina Banking Institute

No abstract provided.

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Universal Charter Options: Providing A Competitive Advantage For State Financial Institutions, Katherine E. Howell-Best Apr 2002

Universal Charter Options: Providing A Competitive Advantage For State Financial Institutions, Katherine E. Howell-Best

North Carolina Banking Institute

No abstract provided.

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