Dirty Debts Sold Dirt Cheap, 2014 University of Connecticut School of Law
Dirty Debts Sold Dirt Cheap, Dalie Jimenez
Dalie Jimenez
More than 77 million Americans have a debt in collections. Many of these debts will be sold to debt buyers for pennies, or fractions of pennies, on the dollar. This Article details the perilous path that debts travel as they move through the collection ecosystem. Using a unique dataset of 84 consumer debt purchase and sale agreement, it examines the manner in which debts are sold, oftentimes as simple data on a spreadsheet, devoid of any documentary evidence. It finds that in many contracts, sellers disclaim all warranties about the underlying debts sold or the information transferred. Sellers also sometimes …
Statutory Erosion Of Secured Creditors' Rights: Some Insights From The United Kingdom, 2014 Chicago-Kent College of Law
Statutory Erosion Of Secured Creditors' Rights: Some Insights From The United Kingdom, Adrian Walters
Adrian J Walters
No abstract provided.
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, 2014 Faculty of Laws, UCL; World Bank Global Initiative on Insolvency and Creditor/Debtor Regimes; 3-4 South Square Chambers
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, Riz Mokal
Riz Mokal
Disqualification Of Those Engaged In The Management Of Companies And Financial Institutions, 2014 Chicago-Kent College of Law
Disqualification Of Those Engaged In The Management Of Companies And Financial Institutions, Adrian Walters
Adrian J Walters
No abstract provided.
Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, 2014 Selected Works
Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance
Patricia A. McCoy
Human Equity? Regulating The New Income Share Agreements, 2014 Boston College Law School
Human Equity? Regulating The New Income Share Agreements, Diane M. Ring, Shu-Yi Oei
Diane M. Ring
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, 2014 University of Oklahoma College of Law
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet
Christopher K. Odinet
Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, 2014 University of Oklahoma College of Law
Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet
Christopher K. Odinet
Controles De Câmbio No Brasil: Teoria E Prática, 2014 FGV Law School in Sao Paulo
Controles De Câmbio No Brasil: Teoria E Prática, Bruno Meyerhof Salama
Bruno Meyerhof Salama
The Duty To Manage Risk, 2014 BYU Law School
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, 2014 Touro University Jacob D. Fuchsberg Law Center
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
Touro Law Review
No abstract provided.
Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, 2014 Cornell Law School
Market Collaboration: Finance, Culture, And Ethnography After Neoliberalism, Annelise Riles
Annelise Riles
In the wake of the disasters of March 2011, financial regulators and financial-risk management experts in Japan expressed little hope that much could be done nor did they take great interest in defining possible policy interventions. This curious response to regulatory crisis coincided with a new fascination with culturalist explanations of financial markets, on the one hand, and a resort to what I term “data politics”—a politics of intensified data collection—on the other. In this article, I analyze these developments as being exemplary of a new regulatory moment characterized by a loss of faith in both free market regulation and …
Is New Governance The Ideal Architecture For Global Financial Regulation?, 2014 Cornell Law School
Is New Governance The Ideal Architecture For Global Financial Regulation?, Annelise Riles
Annelise Riles
A central challenge for international financial regulatory systems today is how to manage the impact of global systemically important financial institutions (G-SIFIs) on the global economy, given the interconnected and pluralistic nature of regulatory regimes. This paper focuses on the Financial Stability Board (FSB) and proposes a new research agenda for the FSB’s emerging regulatory forms. In particular, it examines the regulatory architecture of the New Governance (NG), a variety of approaches that are supposed to be more reflexive, collaborative, and experimental than traditional forms of governance. A preliminary conclusion is that NG tools may be effective in resolving some …
Managing Regulatory Arbitrage: An Alternative To Harmonization, 2014 Cornell Law School
Managing Regulatory Arbitrage: An Alternative To Harmonization, Annelise Riles
Annelise Riles
This policy-oriented article argues for deploying conflict of laws doctrines as a tool of coordination in international financial governance.
International Trade In Services From The Japanese Viewpoint, 2014 University of Tokyo
International Trade In Services From The Japanese Viewpoint, Masato Dogauchi
Georgia Journal of International & Comparative Law
No abstract provided.
Perspective Of The Private Sector--Banking, 2014 Citicorp
Perspective Of The Private Sector--Banking, F. William Hawley
Georgia Journal of International & Comparative Law
No abstract provided.
The Merchants Of Wall Street: Banking, Commerce, And Commodities, 2014 Cornell Law School
The Merchants Of Wall Street: Banking, Commerce, And Commodities, Saule T. Omarova
Saule T. Omarova
This Article explores the legal, regulatory, policy, and theoretical aspects of an ongoing transformation of large U.S. banking organizations into global merchants of physical commodities and energy. In the absence of detailed and reliable information, it is difficult to draw definitive conclusions as to the social efficiency and desirability of allowing this transformation to continue. What we can already ascertain about U.S. financial institutions' physical commodity assets and activities, however, raises potentially serious public policy concerns that must be addressed through a fully-informed public deliberation. Even if big U.S. FHCs were, in fact, to scale down their physical commodity operations …
The Dodd-Frank Act: A New Deal For A New Age?, 2014 Cornell Law School
The Dodd-Frank Act: A New Deal For A New Age?, Saule T. Omarova
Saule T. Omarova
This short essay is an attempt to present a few early "big picture" observations on the broad regulatory philosophy underlying the Dodd-Frank Act. The question raised here is whether the Dodd-Frank Act, in fact, provides a blueprint for the twenty-first-century version of the New Deal - a qualitatively new approach to resolving the regulatory challenges posed by today's financial markets. Answering this complex question in full is hardly possible at this stage in the process, when many critical details of the new legal and regulatory regime are yet to be determined. Nevertheless, it is worthwhile to reflect upon some of …
Rethinking The Future Of Self-Regulation In The Financial Industry, 2014 Cornell Law School
Rethinking The Future Of Self-Regulation In The Financial Industry, Saule T. Omarova
Saule T. Omarova
In today's post-crisis world, arguing in favor of self-regulation in the financial services industry is sure to raise many eyebrows and invite significant disagreement. Much of the skepticism in this respect may be fully justified: the lack of truly effective incentives or political obstacles may ultimately foreclose the possibility of creating a new regime of embedded self-regulation aimed at detection and prevention of systemic financial risks. Nevertheless, as this Article sought to demonstrate, the realities of today's financial marketplace make it critically important that we give the idea of industry self-regulation a full consideration. The main goal of this Article …
License To Deal: Mandatory Approval Of Complex Financial Products, 2014 University of North Carolina at Chapel Hill School of Law
License To Deal: Mandatory Approval Of Complex Financial Products, Saule Omarova
Saule T. Omarova
“There is definitely going to be another financial crisis around the corner because we haven’t solved any of the things that caused the previous crisis,” said hedge fund legend Mark Mobius, speaking in Tokyo nearly a full year after the United States officially embarked upon the greatest reform of financial services regulation since the New Deal. Today, the world is still reeling from the recent financial crisis, which ravaged even the strongest economies and left them battling recession, budget deficits, soaring unemployment, and political discontent. Facing another financial crisis in this situation is a frightening prospect. National governments, individually or …