Banktown: Assessing Blame For The Near-Collapse Of Charlotte's Biggest Banks, 2011 University of North Carolina School of Law
Banktown: Assessing Blame For The Near-Collapse Of Charlotte's Biggest Banks, Brian Choi
North Carolina Banking Institute
No abstract provided.
The Dodd-Frank Act: A New Deal For A New Age?, 2011 Cornell Law School
The Dodd-Frank Act: A New Deal For A New Age?, Saule T. Omarova
Cornell Law Faculty Publications
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 …
Home Mortgage Lending: Past, Present, And Future, 2011 University of North Carolina School of Law
Home Mortgage Lending: Past, Present, And Future, Joseph A. Smith Jr.
North Carolina Banking Institute
No abstract provided.
Dodd-Frank's Requirement Of Skin In The Game For Asset-Backed Securities May Scalp Corporate Loan Liquidity, 2011 University of North Carolina School of Law
Dodd-Frank's Requirement Of Skin In The Game For Asset-Backed Securities May Scalp Corporate Loan Liquidity, David Line Batty
North Carolina Banking Institute
No abstract provided.
Stock Broker Fiduciary Duties And The Impact Of The Dodd-Frank Act, 2011 University of North Carolina School of Law
Stock Broker Fiduciary Duties And The Impact Of The Dodd-Frank Act, Thomas Lee Hazen
North Carolina Banking Institute
No abstract provided.
Rating Agency Reform: Presenting The Registered Market For Asset-Backed Securities, 2011 University of North Carolina School of Law
Rating Agency Reform: Presenting The Registered Market For Asset-Backed Securities, Benjamin H. Brownlow
North Carolina Banking Institute
No abstract provided.
Peer-To-Peer Lending In The United States: Surviving After Dodd-Frank, 2011 University of North Carolina School of Law
Peer-To-Peer Lending In The United States: Surviving After Dodd-Frank, Jack R. Magee
North Carolina Banking Institute
No abstract provided.
Dodd-Frank Regulatory Innovation, And The Safety Of Consumer Financial Products, 2011 University of North Carolina School of Law
Dodd-Frank Regulatory Innovation, And The Safety Of Consumer Financial Products, Melissa B. Jacoby
North Carolina Banking Institute
No abstract provided.
The Swaps Push-Out Rule: An Impact Assessment, 2011 University of North Carolina School of Law
The Swaps Push-Out Rule: An Impact Assessment, Christopher T. Fowler
North Carolina Banking Institute
No abstract provided.
The Volcker Rule's Unintended Consequences, 2011 University of North Carolina School of Law
The Volcker Rule's Unintended Consequences, Ryan K. Brissette
North Carolina Banking Institute
No abstract provided.
Ability To Repay: Mortgage Lending Standards After Dodd-Frank, 2011 University of North Carolina School of Law
Ability To Repay: Mortgage Lending Standards After Dodd-Frank, Zachary B. Marquand
North Carolina Banking Institute
No abstract provided.
Establishing Appropriate Liability Under The Fair And Accurate Credit Transactions Act, 2011 University of North Carolina School of Law
Establishing Appropriate Liability Under The Fair And Accurate Credit Transactions Act, Mignon M. Arrington
North Carolina Banking Institute
No abstract provided.
Neil Barofsky's Sig Tarp: Difficult, Rigorous, And Independent Oversight Of The Tarp, 2011 University of North Carolina School of Law
Neil Barofsky's Sig Tarp: Difficult, Rigorous, And Independent Oversight Of The Tarp, Samuel R. Diamant
North Carolina Banking Institute
No abstract provided.
A Wal-Mart-Owned Ilc: Why Congress Should Give The Green Light, 2011 University of North Carolina School of Law
A Wal-Mart-Owned Ilc: Why Congress Should Give The Green Light, Charles Kabugo-Musoke
North Carolina Banking Institute
No abstract provided.
Activist Distressed Debtholders: The New Barbarians At The Gate?, 2011 University of Maryland Francis King Carey School of Law
Activist Distressed Debtholders: The New Barbarians At The Gate?, Michelle M. Harner
Michelle M. Harner
The term “corporate raiders” previously struck fear in the hearts of corporate boards and management teams. It generally refers to investors who target undervalued, cash-flush or mismanaged companies and initiate a hostile takeover of the company. Corporate raiders earned their name in part because of their focus on value extraction, which could entail dismantling a company and selling off its crown jewels. Today, the term often conjures up images of Michael Milken, Henry Kravis or the movie character Gordon Gekko, but the alleged threat posed to companies by corporate raiders is less prevalent—at least with respect to the traditional use …
Overwhelming A Financial Regulatory Black Hole With Legislative Sunlight: Dodd-Frank’S Attack On Systemic Economic Destabilization Caused By An Unregulated Multi-Trillion Dollar Derivatives Market, 2011 University of Maryland School of Law
Overwhelming A Financial Regulatory Black Hole With Legislative Sunlight: Dodd-Frank’S Attack On Systemic Economic Destabilization Caused By An Unregulated Multi-Trillion Dollar Derivatives Market, Michael Greenberger
Michael Greenberger
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.[1] 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 OTC derivative guarantees of the subprime housing market; and the guarantors’ multi-trillion dollar interconnectedness with thousands of other OTC derivatives’ counterparties within that OTC market (through interest rate, currency, foreign exchange, and …
Testimony Before The U.S. House Of Representatives, Committee On Agriculture - “Potential Excessive Speculation In Commodity Markets: The Impact Of Proposed Legislation", 2011 University of Maryland School of Law
Testimony Before The U.S. House Of Representatives, Committee On Agriculture - “Potential Excessive Speculation In Commodity Markets: The Impact Of Proposed Legislation", Michael Greenberger
Michael Greenberger
Testimony before the U.S. House of Representatives, Committee on Agriculture. 110th Congress, 2nd Session (July 10-11, 2008).
Testimony Before The U.S. House Of Representatives Appropriations Committee, Subcommittee On Agriculture, Rural Development. Food And Drug Administration, And Related Agencies, Regarding The “Commodity Futures Trading Commission”, 2011 University of Maryland School of Law
Testimony Before The U.S. House Of Representatives Appropriations Committee, Subcommittee On Agriculture, Rural Development. Food And Drug Administration, And Related Agencies, Regarding The “Commodity Futures Trading Commission”, Michael Greenberger
Michael Greenberger
Testimony before the U.S. House of Representatives Appropriations Committee, Subcommittee on Agriculture, Rural Development. Food and Drug Administration, and Related Agencies on the role of the Commodity Futures Trading Commission’s regulatory efforts Pertaining to excessive speculation within U.S. energy futures markets in general, and futures based on U.S. delivered crude oil contracts.
My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, 2011 University of Maryland School of Law
My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky
Faculty Scholarship
In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …
Will Cutting The Payroll Tax Increase Jobs? (Empirical Evidence From The Eu Vat), 2011 Boston University School of Law
Will Cutting The Payroll Tax Increase Jobs? (Empirical Evidence From The Eu Vat), Richard Thompson Ainsworth
Faculty Scholarship
Red Ink Rising, the Peterson–Pew Commission on Budget Reform’s report presents the country with a fiscal/employment dilemma – Congress must act immediately to stem the federal debt, but it must move carefully lest it harm employment in the fragile economy. In short, we must act fast and slow – we must decrease the debt and increase employment. This is a difficult task.
The Peterson-Pew dilemma (notably its jobs-creation aspect) was taken to heart by both of the reform commissions that issued reports soon thereafter (National Commission on Fiscal Responsibility and Reform, The Moment of Truth and The Debt Reduction Task …