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Banking and Finance Law Commons

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Articles 4771 - 4800 of 7170

Full-Text Articles in Banking and Finance Law

The Preservation Of Diversity Jurisdiction For National Banks, Michelle E. O'Leary Mar 2006

The Preservation Of Diversity Jurisdiction For National Banks, Michelle E. O'Leary

North Carolina Banking Institute

No abstract provided.


Valuables In Your Mailbox - How The Concept Of Value In Cole V. U.S. Capital, Inc. Enhances The Fcra's Guidelines Concerning Creditor Marketing, April B. Chang Mar 2006

Valuables In Your Mailbox - How The Concept Of Value In Cole V. U.S. Capital, Inc. Enhances The Fcra's Guidelines Concerning Creditor Marketing, April B. Chang

North Carolina Banking Institute

No abstract provided.


Using Spread And Net Trading Range To Measure Risk In Suitability Cases, Richard A. Booth Mar 2006

Using Spread And Net Trading Range To Measure Risk In Suitability Cases, Richard A. Booth

Working Paper Series

Suitability is one of the most common issues that arises in securities arbitrations. Yet it is also one of the most difficult issues to resolve. Up to now there has been no easy and reliable way to compare the risk of one stock or portfolio with another stock or portfolio measured as of the time the investment decision in question was made. As I argued in an earlier article, spread is potentially a promising way to measure risk in real time as perceived collectively by competing market makers. But with the advent of decimal quotes and other recent changes in …


Penny Wise, Pound Foolish: Why Investors Would Be Foolish To Pay A Penny Or A Pound For The Protections Provided By Sarbanes-Oxley, Cory L. Braddock Mar 2006

Penny Wise, Pound Foolish: Why Investors Would Be Foolish To Pay A Penny Or A Pound For The Protections Provided By Sarbanes-Oxley, Cory L. Braddock

BYU Law Review

No abstract provided.


Contract As Statute, Stephen J. Choi, G. Mitu Gulati Mar 2006

Contract As Statute, Stephen J. Choi, G. Mitu Gulati

Michigan Law Review

The traditional model of contract interpretation focuses on the "meeting of the minds." Parties agree on how to structure their respective obligations and rights and then specify their agreement in a written document. Gaps and ambiguities are inevitable. But where contract language exists for the point in contention and a dispute arises as to the meaning of this language, courts attempt to divine what the parties intended. Among the justifications for deferring to the intent of the parties is the assumption that parties know what is best for themselves. Deference also arguably furthers autonomy values. Not all contracts and contract …


Credit Union Conversions: Charter Choices And Controversy, Michael W. Briggs Mar 2006

Credit Union Conversions: Charter Choices And Controversy, Michael W. Briggs

North Carolina Banking Institute

No abstract provided.


Bapcpa And Commercial Credit: Who (Sic) Do You Trust, David G. Epstein Mar 2006

Bapcpa And Commercial Credit: Who (Sic) Do You Trust, David G. Epstein

North Carolina Banking Institute

No abstract provided.


Notice Requirements: Common Themes And Differences In The Regulatory And Legislative Responses To Data Security Breaches, Satish M. Kini, James T. Shreve Mar 2006

Notice Requirements: Common Themes And Differences In The Regulatory And Legislative Responses To Data Security Breaches, Satish M. Kini, James T. Shreve

North Carolina Banking Institute

No abstract provided.


Wachovia Bank, N.A. V. Burke: Preemption Of State Law With Respect To National Bank Operations Subsidiaries, Russell J. Andrew Mar 2006

Wachovia Bank, N.A. V. Burke: Preemption Of State Law With Respect To National Bank Operations Subsidiaries, Russell J. Andrew

North Carolina Banking Institute

No abstract provided.


Wal-Mart's Industrial Loan Company: The Risk To Community Banks, Kevin K. Nolan Mar 2006

Wal-Mart's Industrial Loan Company: The Risk To Community Banks, Kevin K. Nolan

North Carolina Banking Institute

No abstract provided.


Overdraft Protection Programs: Consumers Still In The Dark Under Regulation Dd, Carolyn M. Gillikin Mar 2006

Overdraft Protection Programs: Consumers Still In The Dark Under Regulation Dd, Carolyn M. Gillikin

North Carolina Banking Institute

No abstract provided.


Recent Changes To The Community Reinvestment Act And Their Impact On Community Banks And Rural Economies, Camden C. Betz Mar 2006

Recent Changes To The Community Reinvestment Act And Their Impact On Community Banks And Rural Economies, Camden C. Betz

North Carolina Banking Institute

No abstract provided.


Data Security And Data Breach Notification For Financial Institutions, Sean C. Honeywill Mar 2006

Data Security And Data Breach Notification For Financial Institutions, Sean C. Honeywill

North Carolina Banking Institute

No abstract provided.


Islamic Finance: A Growing Industry In The United States, Kimberly J. Tacy Mar 2006

Islamic Finance: A Growing Industry In The United States, Kimberly J. Tacy

North Carolina Banking Institute

No abstract provided.


Small Businesses And Identity Theft: Reallocating The Risk Of Loss, Penelope N. Lazarou Mar 2006

Small Businesses And Identity Theft: Reallocating The Risk Of Loss, Penelope N. Lazarou

North Carolina Banking Institute

No abstract provided.


Full Disclosure: How Should Lenders Respond To The Heightened Reporting Requirements Of The Home Mortgage Disclosure Act, Henry M. Jay Mar 2006

Full Disclosure: How Should Lenders Respond To The Heightened Reporting Requirements Of The Home Mortgage Disclosure Act, Henry M. Jay

North Carolina Banking Institute

No abstract provided.


Unexpired Leases Under The New Bankruptcy Act: A Win-Win For Landlords And Lenders, Jordan M. Kirby Mar 2006

Unexpired Leases Under The New Bankruptcy Act: A Win-Win For Landlords And Lenders, Jordan M. Kirby

North Carolina Banking Institute

No abstract provided.


Waiving The Attorney-Client Privilege Goodbye: The Erosion Of The Privilege By Federal Financial Regulatory Agencies, Priscilla L. Walton Mar 2006

Waiving The Attorney-Client Privilege Goodbye: The Erosion Of The Privilege By Federal Financial Regulatory Agencies, Priscilla L. Walton

North Carolina Banking Institute

No abstract provided.


Equity Investment In Chinese Banks: A Doorway Into China's Banking Sector, Jack E. Jirak Mar 2006

Equity Investment In Chinese Banks: A Doorway Into China's Banking Sector, Jack E. Jirak

North Carolina Banking Institute

No abstract provided.


Bond Covenants And Creditor Protection: Economics And Law, Theory And Practice, Substance And Process, William Wilson Bratton Mar 2006

Bond Covenants And Creditor Protection: Economics And Law, Theory And Practice, Substance And Process, William Wilson Bratton

Articles

This article examines contractual protection of unsecured financial creditors in US credit markets. Borrowers and lenders in the United States contract against a minimal legal background that imposes the burden of protection on the lender. A working, constantly updated, set of contractual protections has emerged in response. But actual use of available contractual technology varies widely, depending on the level of risk and the institutional context. The credit markets sort borrowers according to the degree of the risk of financial distress, imposing substantial constraints only on the borrowers with the most dangerous incentives. At the same time, the contracting practice …


Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan Feb 2006

Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan

ExpressO

Following the enactment of the Sarbanes-Oxley Act on July 30, 2002, the Securities and Exchange Commission has substantially increased the number of actions it has initiated against lawyers. And a substantial number of these recent SEC actions against counsel to public companies (both internal and external) have highlighted the SEC’s resolve to hold lawyers accountable for not performing adequately their SEC-conceived role as “gatekeepers” to prevent fraud and other violations of the federal securities laws. This “gatekeeper” concept has been and is being implemented through SEC actions addressing a wide variety of alleged transgressions in a wide diversity of factual …


The Different Tax Treatment Of Investment Advisory Fees And Brokerage Fees; The Lower The Fiduciary Duty The Better The Tax Consequences, Barry W. Rickert Feb 2006

The Different Tax Treatment Of Investment Advisory Fees And Brokerage Fees; The Lower The Fiduciary Duty The Better The Tax Consequences, Barry W. Rickert

ExpressO

The current tax laws favor brokerage fees as compared to investment advisory fees, even though investment advisors are held to a higher standard of fiduciary duty. My article examines the different tax treatment of investment advisory fees and brokerage fees, analyzes the policy considerations of such treatment and proposes alternatives to the current system. Considering the large number of American investing in the securities markets, it is important that our tax laws be written in a way that encourages taxpayers to seek investment professionals who are held to higher standards of conduct. The policy implications of brokerage fees receiving preferable …


Banking Stability And Optimal Deposit Insurance Design, Yasmine Hamdi Moukhtar Feb 2006

Banking Stability And Optimal Deposit Insurance Design, Yasmine Hamdi Moukhtar

Archived Theses and Dissertations

This thesis focuses on deposit insurance schemes and their relationship to banking crisis. The empirical model used covers 55 developed and developing countries over the period 1970-1989. This study finds that banking crises are closely linked to adverse macroeconomics shocks like economic recessions, financial liberalization, capital account liberalization and short term capital flows, and currency depreciation. External vulnerability (expressed as the ratio of M2 to foreign reserve) is also found to be a key variable. The empirical results also show that deposit insurance increases the probability of banking crises, due to induced moral hazard and adverse selection.


Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao Feb 2006

Equal Treatment Of Foreign Shareholders In Transnational Securities Class Action Against A Foreign Issuer—A Chinese Example, Clark Yao

ExpressO

As the world economy and financial markets become increasingly more integrated, cross-boarder securities transaction becomes a daily event. Because Unite States has the world’s largest and arguably most liquid capital markets, it has attracted a significant number of foreign companies to cross-list their stocks in a U.S. stock exchange. Unavoidably, such transactions will not only bring out fortune, but also disputes between transacting parties. Relying on the powerful federal securities law , U.S. investors who have bought or sold such stocks have routinely sued foreign stock issuers through class action when the stock prices went down, alleging their loss is …


Panel Discussion: Bigger Carrots And Bigger Sticks: Issues And Developments In Corporate Sentencing, Jill E. Fisch, Hon. John S. Martin, Richard C. Breeden, Timothy Coleman, Stephen M. Cutler, Celeste Koeleveld, Richard H. Walker Jan 2006

Panel Discussion: Bigger Carrots And Bigger Sticks: Issues And Developments In Corporate Sentencing, Jill E. Fisch, Hon. John S. Martin, Richard C. Breeden, Timothy Coleman, Stephen M. Cutler, Celeste Koeleveld, Richard H. Walker

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion Jan 2006

The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion

Fordham Journal of Corporate & Financial Law

No abstract provided.


Roadmap To Securities Adr, Constantine N. Katsoris Jan 2006

Roadmap To Securities Adr, Constantine N. Katsoris

Fordham Journal of Corporate & Financial Law

No abstract provided.


Symposium Religious Values And Corporate Decision Making: An Interdisciplinary Interfaith Conference For Corporate Executives And Legal Counsel, Amelia J. Uelmen, William Michael Treanor Jan 2006

Symposium Religious Values And Corporate Decision Making: An Interdisciplinary Interfaith Conference For Corporate Executives And Legal Counsel, Amelia J. Uelmen, William Michael Treanor

Fordham Journal of Corporate & Financial Law

No abstract provided.


Symposium Panel One: Does Corporate Decision Making Allow Room For Religious Values, Russell G. Pearce, Steven H. Resnicoff, Mark A. Sargent, W Bradley Wendel Jan 2006

Symposium Panel One: Does Corporate Decision Making Allow Room For Religious Values, Russell G. Pearce, Steven H. Resnicoff, Mark A. Sargent, W Bradley Wendel

Fordham Journal of Corporate & Financial Law

No abstract provided.


Symposium Keynote Address: An Economist's Perspective, Stefano Zamagni, Henry Schwalbenberg Response Jan 2006

Symposium Keynote Address: An Economist's Perspective, Stefano Zamagni, Henry Schwalbenberg Response

Fordham Journal of Corporate & Financial Law

No abstract provided.