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The Fed Of The Future: A Framework To Optimize Short-Term Lending Practices, Emma Macfarlane, Karin Thrasher 2022 University of Michigan Law School

The Fed Of The Future: A Framework To Optimize Short-Term Lending Practices, Emma Macfarlane, Karin Thrasher

University of Michigan Journal of Law Reform

Underbanked individuals currently face significant risk when accessing short-term credit. While payday loans are the least expensive short-term credit option when compared to alternatives like overdraft fees, they can also have an extraordinarily high cost of borrowing. Unable to pay the cost of the loan, borrowers often find themselves in a vicious cycle that drives them further into debt. This Note sets forth a proposal as to how payday loans can be better regulated to create affordable access to short-term credit. Specifically, this Note advocates for congressional and Federal Reserve intervention in the payday lending market.

This Note first analyzes ...


Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael Meurer 2022 University of California Berkeley School of Law

Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael Meurer

Faculty Scholarship

In this brief filed in Bilski vs. Kappos, pending before the U.S. Supreme Court, we argue that the "useful Arts" limitation of the the Intellectual Property Clause of the U.S.Constitution restricts the scope of Congress's patent power to technological advances. Beyond this constitutional limitation, Congress has not extended patent protection to business methods. The subject matter provision of the 1952 Patent Act merely codified existing subject matter categories and limitations, including the exclusion of business methods. The First Inventor Defense Act of 1999 did not alter this limitation on patentable subject matter. It did not amend ...


Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas 2022 Villanova University Charles Widger School of Law

Fastball Down The Middle- How Major League Baseball's Players Association Can Hit A Homerun By Implementing Its Own Human Equity Fund, Ryan Thomas

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Solving The Congressional Review Act’S Conundrum, Cary Coglianese 2022 University of Pennsylvania Carey Law School

Solving The Congressional Review Act’S Conundrum, Cary Coglianese

Faculty Scholarship at Penn Carey Law

Congress routinely enacts statutes that require federal agencies to adopt specific regulations. When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, for example, it mandated the Securities and Exchange Commission (SEC) to adopt an anti-corruption regulation requiring energy companies to disclose payments they make to foreign governments. Although the Dodd-Frank Act specifically required the SEC to adopt this disclosure requirement, the agency’s regulation was also, like other administrative rules, subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).

After the SEC issued its ...


Quinquagenaries, Anthony Duggan 2022 University of Toronto

Quinquagenaries, Anthony Duggan

Dalhousie Law Journal

This article is part of a symposium to mark the 50th anniversary, or quinquagenary, of the Dalhousie Law Journal. The invitation to participate in the symposium asked authors to reflect on developments in their field over the past 50 years. My field is the law of secured transactions and, as it happens, the Canadian Personal Property Security Acts (PPSAs) are approaching their own quinquagenary. There have been numerous statutory and case law developments over the past 50 years, but one of the most remarkable turn of events is the influence the Canadian PPSAs have had on the reform of secured ...


Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra 2022 Universitas Indonesia

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...


Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana 2022 Universitas Indonesia

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi 2022 Universitas Indonesia

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...


Upaya Perlindungan Pemegang Saham Minoritas Dalam Perusahaan Holding, Syailendra Wisnu Wardhana 2022 Universitas Indonesia

Upaya Perlindungan Pemegang Saham Minoritas Dalam Perusahaan Holding, Syailendra Wisnu Wardhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Minority shareholders in a subsidiary of a holding company have the potential to suffer losses due to the actions of the parent company. The role of the parent company as a shareholder in a subsidiary company can obscure the specialty of the company as a separate legal entity and its limited liability. In the doctrine of piercing the corporate veil, the limitation of the responsibilities of the directors and shareholders in the company does not apply if the actions of the directors or shareholders of the company have the objective of making a subsidiary company a tool to achieve ...


Penerapan Prinsip 3r (Restructuring, Reschedulling, Reconditioning) Dalam Implementasi Peraturan Otoritas Jasa Keuangan Nomor 11/Pojk.03/2020 Tentang Stimulus Perekonomian Nasional Sebagai Kebijakan Countercyclical Dampak Penyebaran Coronavirus Disease 2019, Riana Hapsari 2022 Universitas Indonesia

Penerapan Prinsip 3r (Restructuring, Reschedulling, Reconditioning) Dalam Implementasi Peraturan Otoritas Jasa Keuangan Nomor 11/Pojk.03/2020 Tentang Stimulus Perekonomian Nasional Sebagai Kebijakan Countercyclical Dampak Penyebaran Coronavirus Disease 2019, Riana Hapsari

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Bank is a financial intermediary institution that functions as a public funds collector and then distributes these fund to the public. In general, the distribution of funds to the public by banks in the form of lending has a risk problem, namely the risk of credit returns, causing high Non Performing Loans (NPLs) from banks. One of the factors causing the high NPL is a pandemic (force majeur) such as what happened with the Corona Virus Disease 2019 (COVID-19). The Financial Services Authority (OJK) as the banking regulator takes economic stimulus policies as a countercyclical impact of the spread ...


Evolusi Kebijakan Bank Indonesia Dalam Penyelesaian Permasalahan Likuiditas Pada Bank Umum Syariah, Mustafa Aqib Bintoro 2022 Universitas Indonesia

Evolusi Kebijakan Bank Indonesia Dalam Penyelesaian Permasalahan Likuiditas Pada Bank Umum Syariah, Mustafa Aqib Bintoro

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Indonesia is a country with a banking system that adheres to a dual banking system, where banks can be operated conventionally or shariah. As one of the authorities in the financial system, including Islamic banking, The Bank of Indonesia has the authority to carry out the functions of lenders of the last resort under Law No. 23 of 1999. In its implementation, the function of lenders of the last resort often faces legal problems because it is vulnerable to be considered a loss of state. As a result, The Bank of Indonesia's policy has often undergone changes that ...


Tinjauan Hukum Peran Direktorat Jenderal Administrasi Hukum Umum Terhadap Beneficial Owner Pada Perseroan Terbatas Dalam Tindak Pidana Pencucian Uang, Mochamad Lutfi Suryana 2022 Universitas Indonesia

Tinjauan Hukum Peran Direktorat Jenderal Administrasi Hukum Umum Terhadap Beneficial Owner Pada Perseroan Terbatas Dalam Tindak Pidana Pencucian Uang, Mochamad Lutfi Suryana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Money laundering is an attempt to disguise or obscure dirty money, the perpetrator of the crime of money laundering continues to try to disguise and hide assets and financial transactions by utilizing publicly listed companies as a means of committing the crime of money laundering. The state in particular through several agencies such as the Ministry of Finance, the Directorate General of Taxes, the Ministry of Law and Human Rights, the Directorate General of General Legal Administration, the Financial Services Authority (OJK), the Financial Transaction Analysis Reporting Center (PPATK), the Corruption Eradication Commission (KPK) are increasingly encourage openness to ...


Don't Get Burned: Why The De-Spac Transaction Must Be Excluded From The Pslra's Safe Harbor Provision For Forward-Looking Statements, Jean-Claire Perini 2022 Villanova University Charles Widger School of Law

Don't Get Burned: Why The De-Spac Transaction Must Be Excluded From The Pslra's Safe Harbor Provision For Forward-Looking Statements, Jean-Claire Perini

Villanova Law Review

No abstract provided.


China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang 2022 Penn State Law

China's Foreign Investment Law: Moving Toward Greater Liberalization?, Xianjun Feng, Chuanhui Wang

Penn State Journal of Law & International Affairs

No abstract provided.


In Vogue Again: The Re-Rise Of Spacs In The Ipo Market, Maria Lucia Passador 2022 Brooklyn Law School

In Vogue Again: The Re-Rise Of Spacs In The Ipo Market, Maria Lucia Passador

Brooklyn Journal of Corporate, Financial & Commercial Law

If the capital markets described the year 2020 in a few words, it would certainly be Special Purpose Acquisition Company (SPACs), which - although to a different extent - are now gaining momentum on both shores of the pond. While, in the United States, SPACs are really enjoying a new lease on life due to the pandemic, the outlook seems positive in Europe too, although data are not comparable to those registered across the Atlantic. This article focuses on SPACs in the United States prior to the COVID-19 pandemic (between January 2010 and December 2019), in order to understand their structural changes ...


Walking Between The Lines: Why The Wright Line Standard Is Not Always Applicable While Employees Demand Safer Covid-19 Working Conditions, Michelle Verkhoglaz 2022 Brooklyn Law School

Walking Between The Lines: Why The Wright Line Standard Is Not Always Applicable While Employees Demand Safer Covid-19 Working Conditions, Michelle Verkhoglaz

Brooklyn Journal of Corporate, Financial & Commercial Law

Before the National Labor Relation Board’s (NLRB) July 2020 decision in General Motors LLC and Charles Robinson, employers faced difficulty in disciplining employees that engaged in protected activity under the National Labor Relations Act (NLRA) when their behavior was abusive. However, this changed after the NLRB adopted the Wright Line standard in General Motors, a burden-shifting analysis that gives employers the opportunity to prove that the employer would have taken the same action even without the NLRA protected activity. Compared to the NLRB’s prior standards, this standard offers employers a clear-cut defense and the ability to adhere to ...


Targeted Regulation Of Proxy Voting Advice: Balancing Monitoring With Information Flow In The Age Of Esg, Jara R.Y. Jacobson 2022 Brooklyn Law School

Targeted Regulation Of Proxy Voting Advice: Balancing Monitoring With Information Flow In The Age Of Esg, Jara R.Y. Jacobson

Brooklyn Journal of Corporate, Financial & Commercial Law

Proxy voting advice businesses have historically been guided by disjointed rules and regulations based on their relationship to other entities, but under a 2020 rulemaking they were officially brought under the auspices of the Securities and Exchange Commission. However, after a change in presidential administrations, the Securities and Exchange Commission in 2021 issued a proposed amendment which, if adopted, would rescind some of the more contentious elements of the initial 2020 rulemaking. This Note considers how, even if the 2021 proposed amendments are adopted, the Securities and Exchange Commission can simultaneously regulate and protect proxy voting advice businesses through the ...


Mutual Fund Advisory Fees: Forty Years Of Failure, Stewart L. Brown PhD., CFA 2022 Brooklyn Law School

Mutual Fund Advisory Fees: Forty Years Of Failure, Stewart L. Brown Phd., Cfa

Brooklyn Journal of Corporate, Financial & Commercial Law

In the 1960s, the Securities and Exchange Commission (SEC) attempted to correct an oversight in the Investment Company Act of 1940 (ICA) that allowed investment management firms to overcharge investors, namely, the absence of enforceable protections over excessive fees. Congress, in the 1970 amendments to the ICA, was influenced by the investment management industry and the resultant legislation sent ambiguous signals to the judicial system. Lacking clear guidance from Congress, in the seminal fee case Gartenberg v. Merrill Lynch, the Second Circuit fashioned a fiduciary standard favorable to the investment management industry. Under this standard, no plaintiff has ever won ...


Freeing Cryptoassets From Howey: A Defense Of Genuine Token Offering, Kathryn A. Daly 2022 Brooklyn Law School

Freeing Cryptoassets From Howey: A Defense Of Genuine Token Offering, Kathryn A. Daly

Brooklyn Journal of Corporate, Financial & Commercial Law

The Securities Exchange Commission (SEC) is the most powerful regulator of the U.S. securities market and serves to “protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation.” The agency’s task of protecting retail investors and regulating market participants has been, at times, reduced to a binary choice between “Main Street” investors and “Wall Street” insiders. Some regulators and legislators rely on this binary to put pressure on cryptoassets, claiming that more regulation leads to more effective investor protections. This Note rejects that premise. Genuine tokens offerings (i.e., unregistered security offerings not designed to defraud ...


State Crypto Regulation: Competing Priorities Shaping Different Outcomes, John T. Bender 2022 Seattle University School of Law

State Crypto Regulation: Competing Priorities Shaping Different Outcomes, John T. Bender

Seattle Journal of Technology, Environmental & Innovation Law

“Cryptomania” is approaching fever pitch. Public officials, practitioners, and investors alike are becoming convinced that what began as a thought experiment has given rise to a full-fledged movement that is here to stay. This movement could potentially transform the modern financial system as we know it.

Today, crypto assets and related platforms are increasingly being adopted to store, secure, and transmit massive amounts of monetary value worldwide. Enforcement agencies like the Securities and Exchange Commission and the Commodity Futures and Trading Commission have ventured into the fray by employing existing legal regimes to regulate in this new frontier. At the ...


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