The Financial Institutions Reform, Recovery, And Enforcement Act Of 1989: The Effect Of The “Self-Affecting” Theory On Financial Institutions,
2015
University of North Carolina School of Law
The Financial Institutions Reform, Recovery, And Enforcement Act Of 1989: The Effect Of The “Self-Affecting” Theory On Financial Institutions, Filmon M. Sexton
North Carolina Banking Institute
This Note addresses why the Self-Affecting Theory misinterprets § 1833a. This Note argues that in cases where the DOJ could bring, but is unwilling or unable to bring, criminal actions, a federally insured financial institution should not be held civilly liable under § 1833a for engaging in fraudulent conduct "affecting" that same institution. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") does not define what it means to "affect[] a federally insured financial institution." Congressional intent demonstrates that Congress enacted § 1833a in response to the pervasive insider abuse and fraud of the savings and loan crisis …
Front Matter,
2015
University of North Carolina School of Law
Front Matter, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Foreword,
2015
University of North Carolina School of Law
Foreword, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Contents,
2015
University of North Carolina School of Law
Contents, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Thanks,
2015
University of North Carolina School of Law
Thanks, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
The Home Affordable Modification Program: The Federal Circuit Court Split Leaves Mortgagors’ Rights To Pursue State Law Claims Unclear,
2015
University of North Carolina School of Law
The Home Affordable Modification Program: The Federal Circuit Court Split Leaves Mortgagors’ Rights To Pursue State Law Claims Unclear, Christopher J. Disanto
North Carolina Banking Institute
This Note proceeds in four parts. Part II explains why the Home Affordable Modification Program ("HAMP") was instituted and the process it sets forth for a mortgagor to obtain a permanent modification of a home mortgage. Part III discusses the different approaches federal circuit courts have taken in analyzing whether HAMP precludes state law claims. Part IV discusses why circuit courts allowing state law claims relating to HAMP set a better precedent for mortgagors seeking to enforce their servicer’s HAMP obligations. Part V concludes by discussing the ramifications of precluding state law claims and briefly recounts the claims that have …
Afterword To The Aig Bailout,
2015
University of Arizona College of Law
Afterword To The Aig Bailout, William K. Sjostrom Jr.
Washington and Lee Law Review
No abstract provided.
What Loss Mitigation Taught Us About Housing Finance Reform,
2015
Boston College Law School
What Loss Mitigation Taught Us About Housing Finance Reform, Patricia Mccoy
Patricia A. McCoy
This blog post describes the implications of the recent US loss mitigation experience for housing reform.
Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap,
2015
Florida State University
Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap, Seth C. Oranburg
Seth C Oranburg
Title III of the JOBS Act of 2012, which attempts to encourage entrepreneurship by allowing startups and small business to sell stock to the general public over the Internet through “crowdfunding,” is completely backwards. Its ceiling should be a floor—the $1 million limit should be inverted. By capping startups at raising $1 million from crowdfunding, the JOBS Act does not address the private equity gap, a fundamental problem in startup markets, and exposes unsophisticated investors to risk and fraud. This Article presents a regulatory framework premised on “bridgefunding,” an approach that this article develops to protect new investors by encouraging …
Empowering Distributed Autonomous Companies,
2015
New York Law School
Empowering Distributed Autonomous Companies, Houman B. Shadab
Other Publications
No abstract provided.
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation,
2015
the john marshall law school
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Walter J. Kendall lll
No abstract provided.
Creditors' Rights Against Participants In A Leveraged Buyout,
2015
Cornell Law School
Creditors' Rights Against Participants In A Leveraged Buyout, Emily Sherwin
Emily L Sherwin
No abstract provided.
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements,
2015
St. John's University School of Law
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern
Jeff Sovern
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
International Tax Cooperation, Taxpayers’ Rights And Bank Secrecy: Brazilian Difficulties To Fit Global Standards,
2015
Pontificia Universidade Catolica de Campinas
International Tax Cooperation, Taxpayers’ Rights And Bank Secrecy: Brazilian Difficulties To Fit Global Standards, Carlos Otávio Ferreira De Almeida
Carlos Otávio Ferreira de Almeida
This paper analyses the conflict between two constitutionally protected rights: privacy and transparency. The latter has been invoked increasingly often by international organizations committed to tackling harmful tax practices, and the former has been recognized as a crucial human right. In an interconnected world, domestic laws are not capable of countering cross-border tax evasion strategies, so that transparency has become one of the most important topics in international tax cooperation, but it is doubtful whether tax authorities can access banking data in order to obtain information to exchange. The judicial reserve clause upheld by the Brazilian Supreme Court represents a …
The Separation Of Intelligence And Control: Retirement Savings And The Limits Of Soft Paternalism,
2015
William & Mary Law School
The Separation Of Intelligence And Control: Retirement Savings And The Limits Of Soft Paternalism, Jacob Hale Russell
William & Mary Business Law Review
“Soft paternalism” is in vogue among academics and lawmakers, but too much is being asked of it. This Article studies soft paternalist techniques—including nudging and disclosure—which have been used in the employersponsored retirement system. Defined-contribution retirement plans represent an ideal test case for libertarian paternalism: there has been extensive experimentation, and nudge advocates have often held up such plans as successes. In particular, this Article focuses on investment allocation decisions in retirement portfolios, and suggests that we should be skeptical of the ability of soft paternalism to improve those decisions. When a domain is rife with conflicts of interest—as in …
The Hedge Fund Regulation Dilemma: Direct Vs. Indirect Regulation,
2015
William & Mary Law School
The Hedge Fund Regulation Dilemma: Direct Vs. Indirect Regulation, Hossein Nabilou, Alessio M. Pacces
William & Mary Business Law Review
This Article studies regulatory strategies to address the potential systemic risk of hedge fund operation in financial markets. Due to the implications of the choice of regulatory strategies and instruments in terms of mitigating systemic risk, the Article focuses on one critical aspect of hedge fund regulation, namely the choice between direct regulation and indirect regulation. This Article defines the distinction between direct and indirect regulation, maps this distinction’s implications in terms of regulatory techniques and instruments, and analyzes the arguments for and against direct and indirect regulation of hedge funds. This Article argues that the indirect regulation of hedge …
Superior Supererogation: Why Credit Default Swaps Are Securities Under The Investment Advisers Act Of 1940,
2015
William & Mary Law School
Superior Supererogation: Why Credit Default Swaps Are Securities Under The Investment Advisers Act Of 1940, J. Tyler Kirk
William & Mary Business Law Review
No abstract provided.
Maggie Walker's Bank,
2015
University of Georgia School of Law
Maggie Walker's Bank, Mehrsa Baradaran
Popular Media
Maggie Walker was the first woman of any race to own a bank. What makes this achievement remarkable is that she was born in 1867 to a former slave in Richmond, Va. Her mother was widowed and left destitute when her father was murdered. She and her mother survived by doing laundry for whites families in the area, an experience that shaped her understanding of wealth and race inequality. But Maggie was a brilliant student and finished high school at 16. She became a teacher, but was forced to quit when she married as it was unlawful for married women …
Buying Time In Spain: The Spanish Law Of Installment Sales,
2015
District of Columbia Court of Appeals
Buying Time In Spain: The Spanish Law Of Installment Sales, John M. Steadman
Georgia Journal of International & Comparative Law
No abstract provided.
Securities Regulations Investigations - United States-Swiss Treaty Attempts To Increase Cooperation In Releasing Names Of Swiss-Based Account Holders Involved In United States Securities And Exchange Commission Investigations,
2015
University of Georgia School of Law
Securities Regulations Investigations - United States-Swiss Treaty Attempts To Increase Cooperation In Releasing Names Of Swiss-Based Account Holders Involved In United States Securities And Exchange Commission Investigations, Daniel B. Simon Iii
Georgia Journal of International & Comparative Law
No abstract provided.
