Preferences For Banking And Payment Services Among Low- And Moderate-Income Households, 2011 University of Michigan Law School
Preferences For Banking And Payment Services Among Low- And Moderate-Income Households, Michael S. Barr, Jane Dokko, Eleanor Feit
Law & Economics Working Papers
This paper characterizes the features of an account-based payment card – including bank debit cards, prepaid debit cards, and payroll cards – that elicit a high take-rate among low- and moderate-income (LMI) households, particularly those without bank accounts. We apply marketing research techniques, specifically choice modeling, to identify the design of a specific financial services product for LMI households, who often face difficulties maintaining standard bank accounts but need banking services. After monthly cost, we find that, on average, non-monetary features of a payment card, such as the availability of federal protection and the type of card, are factors LMI …
Separation Of Bank And State: Consolidating Bailed-Out Companies Into The U.S. Debt Ceiling And Government Financial Statements, 2011 Brigham Young University Law School
Separation Of Bank And State: Consolidating Bailed-Out Companies Into The U.S. Debt Ceiling And Government Financial Statements, J. W. Verret
BYU Law Review
No abstract provided.
The Ubs Case: The U.S. Attack On Swiss Banking Sovereignty, 2011 Brigham Young University Law School
The Ubs Case: The U.S. Attack On Swiss Banking Sovereignty, Beckett G. Cantley
Brigham Young University International Law & Management Review
No abstract provided.
Arima Models For Bank Failures: Prediction And Comparison, 2011 University of Nevada, Las Vegas
Arima Models For Bank Failures: Prediction And Comparison, Fangjin Cui
UNLV Theses, Dissertations, Professional Papers, and Capstones
The number of bank failures has increased dramatically over the last twenty-two years. A common notion in economics is that some banks can become "too big to fail." Is this still a true statement? What is the relationship, if any, between bank sizes and bank failures? In this thesis, the proposed modeling techniques are applied to real bank failure data from the FDIC. In particular, quarterly data from 1989:Q1 to 2010:Q4 are used in the data analysis, which includes three major parts: 1) pairwise bank failure rate comparisons using the conditional test (Przyborowski and Wilenski, 1940); 2) development of the …
Patent, Technology, And The Role Of University, 2011 Faculty of Law Universitas Indonesia
Patent, Technology, And The Role Of University, Agus Sardjono
Indonesia Law Review
University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.
Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, 2011 University of Cambridge
Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos
Michael Diathesopoulos
The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …
Implementing Dodd-Frank: A Review Of The Cftc‟S Rulemaking Process: Testimony, 2011 University of Maryland School of Law
Implementing Dodd-Frank: A Review Of The Cftc‟S Rulemaking Process: Testimony, Michael Greenberger
Congressional Testimony
The Relationship of Unregulated OTC Derivatives to the Meltdown. It is now accepted wisdom that it was the non-transparent, poorly capitalized, and almost wholly unregulated over-the-counter (“OTC”) derivatives market that lit the fuse that exploded the highly vulnerable worldwide economy in the fall of 2008. Because tens of trillions of dollars of these financial products were pegged to the economic performance of an overheated and highly inflated housing market, the sudden collapse of that market triggered under-capitalized or non-capitalized OTC derivative guarantees of the subprime housing investments. Moreover, the many undercapitalized insurers of that collapsing market had other multi-trillion dollar …
Implementation Of Title Vii Of The Wall Street Reform And Consumer Protection Act. Hearing Before The United States Senate, Committee On Agriculture, Nutrition And Forestry - 112th Cong., 1st Sess., 2011 University of Maryland School of Law
Implementation Of Title Vii Of The Wall Street Reform And Consumer Protection Act. Hearing Before The United States Senate, Committee On Agriculture, Nutrition And Forestry - 112th Cong., 1st Sess., Michael Greenberger
Michael Greenberger
The Relationship of Unregulated OTC Derivatives to the Meltdown. It is now accepted wisdom that it was the non-transparent, poorly capitalized, and almost wholly unregulated over-the-counter (―OTC‖) derivatives market that lit the fuse that exploded the highly vulnerable worldwide economy in the fall of 2008. Because tens of trillions of dollars of these financial products were pegged to the economic performance of an overheated and highly inflated housing market, the sudden collapse of that market triggered under-capitalized or non-capitalized OTC derivative guarantees of the subprime housing investments. Moreover, the many undercapitalized insurers of that collapsing market had other multi-trillion dollar …
False Security: How Securitization Failed To Protect Arrangers And Investors From Borrower Claims, 2011 Suffolk University Law School
False Security: How Securitization Failed To Protect Arrangers And Investors From Borrower Claims, Kathleen C. Engel, Thomans J. Fitzpatrick
kathleen c engel
False Security: How Securitization Failed to Protect Arrangers and Investors from Borrower Claims
by Kathleen C. Engel and Thomas J. Fitzpatrick IV
The future of housing finance is in a state of flux. Fannie Mae and Freddie Mac, the two largest loan arrangers in the United States, are in conservatorship. Private sector securitization of mortgages has almost completely stopped. As a result, Fannie, Freddie and Ginnie Mae now own or guarantee almost all new residential mortgage loans. In February 2011, the Obama Administration released a proposal outlining three plans for the future of housing finance. In all three plans, Freddie …
Complex Financial Institutions And Systemic Risk, 2011 Florida State University College of Law
Complex Financial Institutions And Systemic Risk, Manuel A. Utset
Scholarly Publications
No abstract provided.
"On The Take": The Black Box Of Credit Scoring And Mortgage Discrimination, 2011 University of Baltimore School of Law
"On The Take": The Black Box Of Credit Scoring And Mortgage Discrimination, Cassandra Jones Havard
All Faculty Scholarship
Subprime credit, a relatively new method of risk-based pricing, has been hailed as a way to open up markets and provide access to credit to those who would otherwise be excluded. Evidence suggests that subprime mortgage segmentation increases rather than reduces exclusionary practices in lending. Furthermore, what is unclear is how lenders determine who qualifies as a subprime borrower. This concern became manifested when studies demonstrated that minority borrowers, regardless of creditworthiness, are more likely to receive expensive, sub-prime loans. The disparity is properly attributed to lenders’ credit pricing policies which included discretionary increases despite the objectively-determined risk-based interest rate …
New Financial Regulation Reform: A Good Measure For African Americans, 2011 North Carolina Central University School of Law
New Financial Regulation Reform: A Good Measure For African Americans, Alexander J. Chenault
North Carolina Central Law Review
No abstract provided.
Regulating Financial Innovation: A More Principles-Based Proposal?, 2011 Cornell Law School
Regulating Financial Innovation: A More Principles-Based Proposal?, Dan Awrey
Cornell Law Faculty Publications
Modem financial markets are characterized by complexity, seemingly perpetual innovation, chronic asymmetries of information and expertise, and pervasive agency costs. Perhaps nowhere are these characteristics-or their attendant regulatory challenges-more pronounced than within OTC derivatives markets. Mounting effective responses to these challenges must be considered amongst the most difficult and important tasks confronting financial regulators. Prescriptive, rules-based approaches toward financial regulation have thus far proven inadequate to this task. Through the utilization of outcome-oriented principles, enhanced dialogic relationships, intensive supervision, and targeted and proportional (yet vigorous) enforcement, "more principles-based" financial regulation (MPBR) manifests the potential to overcome these challenges and, in …
Derivatives And The Legal Origin Of The 2008 Credit Crisis, 2011 Cornell Law School
Derivatives And The Legal Origin Of The 2008 Credit Crisis, Lynn A. Stout
Cornell Law Faculty Publications
Experts still debate what caused the credit crisis of 2008. This Article argues that dubious honor belongs, first and foremost, to a little-known statute called the Commodities Futures Modernization Act of 2000 (CFMA). Put simply, the credit crisis was not primarily due to changes in the markets; it was due to changes in the law. In particular, the crisis was the direct and foreseeable (and in fact foreseen by the author and others) consequence of the CFMA’s sudden and wholesale removal of centuries-old legal constraints on speculative trading in over-the-counter (OTC) derivatives.
Derivative contracts are probabilistic bets on future events. …
Unclaimed Financial Assets And The Promotion Of Microfinance, 2011 University of Michigan Law School
Unclaimed Financial Assets And The Promotion Of Microfinance, Andrew W. Hartlage
Michigan Law Review First Impressions
State governments can effectively promote domestic entrepreneurship in low-income communities and simultaneously fulfill their duties as conservator s of unclaimed property, by lending unclai med financial assets-in-trust at preferential interest rates to in-state microfinance providers. This plan presents an alternative to charitable contributions, though it does not resolve the tension between for-profit and not-for-profit microfinance providers. Such a scheme could be a significant funding source for many microfinance operations in the United States today. Even a small portion of the yearly intake of unclaimed assets would be substantial enough to support fully most microfinance loan portfolios. Also, reinvestment of unclaimed …
Autonomía Patrimonial De La Persona Jurídica, 2011 SelectedWorks
Autonomía Patrimonial De La Persona Jurídica, David García
David García
No abstract provided.
Bubbles, Busts, And Blame, 2011 Cornell Law School
Bubbles, Busts, And Blame, Robert C. Hockett
Cornell Law Faculty Publications
I argue that financial asset price bubbles and busts, such as those we have recently experienced in the mortgage and securities markets, are compatible with market efficiency, individual rationality, and even ethically unobjectionable behavior. The reason is that they constitute classic recursively self-amplifying collective action problems, the hallmark of which is the efficient aggregation of individually rational behaviors into collectively calamitous outcomes. In the present case, individuals rationally "legged the spread" between cheap borrowing costs and credit-fueled capital gains rates, neither of which market actors could affect in their individual capacities even when knowing that credit would have eventually to …
The Volcker Rule And Evolving Financial Markets, 2011 Cornell Law School
The Volcker Rule And Evolving Financial Markets, Charles K. Whitehead
Cornell Law Faculty Publications
The Volcker Rule prohibits proprietary trading by banking entities - in effect, reintroducing to the financial markets a substantial portion of the Glass-Steagall Act’s static divide between banks and securities firms. This Article argues that the Glass-Steagall model is a fixture of the past - a financial Maginot Line within an evolving financial system. To be effective, new financial regulation must reflect new relationships in the marketplace. For the Volcker Rule, those relationships include a growing reliance by banks on new market participants to conduct traditional banking functions.
Proprietary trading has moved to less-regulated businesses, in many cases, to hedge …
Turning The Watchdog Into A Lapdog: Why The Proposed Newspaper Bailout Is The Wrong Solution For A Failing Industry, 2011 William & Mary Law School
Turning The Watchdog Into A Lapdog: Why The Proposed Newspaper Bailout Is The Wrong Solution For A Failing Industry, Andrea Priest
William & Mary Business Law Review
Current economic conditions have hastened the decline of the American newspaper trade, creating an industry-wide crisis. Following decades of declining advertising revenue and circulation rates, the newspaper industry has plunged into a historic downturn. In search of salvation for the American newspaper, some legislators and scholars have called upon the government to bail out the newspaper industry. This Note will explore the decline of the American newspaper industry, and examine proposals for government intervention to revive America’s newspapers. Although the industry crisis will not abate without action, this Note will conclude that governmental support would ultimately harm newspapers. Instead of …
Shifting Title And Risk: Islamic Project Finance With Western Partners, 2011 University of Michigan Law School
Shifting Title And Risk: Islamic Project Finance With Western Partners, Alan J. Alexander
Michigan Journal of International Law
Project finance exemplifies modern globalized business transactions in that a single project can bring together numerous participants from across the world, and in that sense it is a truly international undertaking. A general definition of project finance is "the financing of an economic unit in which the lenders look initially to the cash flows from operation of that economic unit for repayment of the project loan and to those cash flows and other assets comprising the economic unit as collateral for the loan." The "economic unit" is often referred to as a Special Project Vehicle (SPV). Project finance is commonly …