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4,700 full-text articles. Page 4 of 125.

Investors' Trash, Taxpayers' Treasure: The Banco Popular Wipeout And Contingent Convertible Bonds, Joanne Wu 2018 University of North Carolina School of Law

Investors' Trash, Taxpayers' Treasure: The Banco Popular Wipeout And Contingent Convertible Bonds, Joanne Wu

North Carolina Banking Institute

No abstract provided.


Front Matter, North Carolina Banking Institute 2018 University of North Carolina School of Law

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


In Memoriam: Alfred Pershing (A.P.) Carlton, Jr., North Carolina Banking Institute 2018 University of North Carolina School of Law

In Memoriam: Alfred Pershing (A.P.) Carlton, Jr., North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


The Evolution Of Redlining Post-Financial Crisis And Best Practices For Financial Institutions, Martha J. Svoboda 2018 University of North Carolina School of Law

The Evolution Of Redlining Post-Financial Crisis And Best Practices For Financial Institutions, Martha J. Svoboda

North Carolina Banking Institute

No abstract provided.


The Case For A Federal Regulatory Sandbox For Fintech Companies, Luke G. Thomas 2018 University of North Carolina School of Law

The Case For A Federal Regulatory Sandbox For Fintech Companies, Luke G. Thomas

North Carolina Banking Institute

No abstract provided.


Death Of A Benchmark: The Fall Of Libor And The Rise Of Alternative Rates In The United Kingdom And United States, Christopher J. Click 2018 University of North Carolina School of Law

Death Of A Benchmark: The Fall Of Libor And The Rise Of Alternative Rates In The United Kingdom And United States, Christopher J. Click

North Carolina Banking Institute

No abstract provided.


Kokesh V. Sec: The Demise Of Disgorgement, Jacqueline K. Chang 2018 University of North Carolina School of Law

Kokesh V. Sec: The Demise Of Disgorgement, Jacqueline K. Chang

North Carolina Banking Institute

No abstract provided.


Expression Yourself: An Analysis Of The Interaction Between The Durbin Amendment And New York Surcharge Ban Of The New York General Business Law, Peter J. Cline 2018 University of North Carolina School of Law

Expression Yourself: An Analysis Of The Interaction Between The Durbin Amendment And New York Surcharge Ban Of The New York General Business Law, Peter J. Cline

North Carolina Banking Institute

No abstract provided.


Grandfathered Into Commerce: Assessing The Federal Reserve's Proposed Rules Limiting Physical Commodities Activities Of Financial Holding Companies, Patrick Conlon 2018 University of North Carolina School of Law

Grandfathered Into Commerce: Assessing The Federal Reserve's Proposed Rules Limiting Physical Commodities Activities Of Financial Holding Companies, Patrick Conlon

North Carolina Banking Institute

No abstract provided.


Hedging With "Financial Weapons Of Mass Destruction": Cleaning Up The Fallout Of Treating All Derivative Transactions Between Bank Affiliates The Same, Patrick D. Morris 2018 University of North Carolina School of Law

Hedging With "Financial Weapons Of Mass Destruction": Cleaning Up The Fallout Of Treating All Derivative Transactions Between Bank Affiliates The Same, Patrick D. Morris

North Carolina Banking Institute

No abstract provided.


The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent OOI 2018 Singapore Management University

The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent Ooi

Research Collection School Of Law

The new additional conveyance duties regime has gone beyond attempting to achieve tax neutrality between direct transfers of residential property and indirect transfers through the use of property-holding entities. It taxes an entirely new tax base and raises issues such as: the extremely broad concept of an “associate” relationship; definition of “unit in a property trust”; anti-avoidance provisions; liability for providing false information; tax neutrality; and the considerable flexibility that the section 23 Order provides the Government. This article analyses the regime in detail and considers the implications of various changes to the prescribed values in the section 23 Order.


Regulating Complacency: Human Limitations And Legal Efficacy, Steven L. Schwarcz 2018 Duke University School of Law

Regulating Complacency: Human Limitations And Legal Efficacy, Steven L. Schwarcz

Notre Dame Law Review

This Article examines how insights into limited human rationality can improve financial regulation. The Article identifies four categories of limitations—herd behavior, cognitive biases, overreliance on heuristics, and a proclivity to panic—that undermine the perfect-market regulatory assumptions that parties have full information and will act in their rational self-interest. The Article then analyzes how insights into these limitations can be used to correct resulting market failures. Requiring more robust disclosure and due diligence, for example, can help to reduce reliance on misleading information cascades that motivate herd behavior. Debiasing through law, such as requiring more specific, poignant, and concrete ...


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Individual Accountability For Corporate Crime, Gregory Gilchrist 2018 University of Toledo College of Law

Individual Accountability For Corporate Crime, Gregory Gilchrist

Georgia State University Law Review

Corporate crime is too often addressed by fining the corporation, leaving the real people who committed the crime facing no consequence at all. This failure to hold individuals accountable in cases of corporate malfeasance generates an accountability gap that undermines deterrence and introduces expressive costs. Facing heightened criticism of this trend, then-Deputy Attorney General Sally Yates issued a policy designed to generate prosecutions of real people in cases of corporate wrongdoing. The policy reflects a strong and continuing demand for more prosecutions of individuals in the corporate context.

This Article contends that the effort to introduce accountability by increasing prosecutions ...


Tax Compliance In A Decentralizing Economy, Manoj Viswanathan 2018 University of California Hastings College of Law

Tax Compliance In A Decentralizing Economy, Manoj Viswanathan

Georgia State University Law Review

Tax compliance in the United States has long relied on information from centralized intermediaries—the financial institutions,employers, and brokers that help ensure income is reported and taxes are paid. Yet while the IRS remains tied to these centralized entities,consumers and businesses are not. New technologies, such as sharing economy platforms (companies such as Airbnb, Uber, and Instacart)and the blockchain (the platform on which various cryptocurrencies are based) are providing new, decentralized options for exchanging goods and services.

Without legislative and agency intervention, these technologies pose a critical threat to the reporting system underlying domestic and international tax ...


What I Learned Trading Cryptocurrencies While Studying The Law, Joshua S. Morgan 2018 University of Miami Law School

What I Learned Trading Cryptocurrencies While Studying The Law, Joshua S. Morgan

University of Miami International and Comparative Law Review

No abstract provided.


No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder 2018 University of Maine School of Law

No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder

Maine Law Review

Lack of sanguinity for cities was manifest after the Supreme Court’s May 1, 2017, opinion in Bank of America Corporation v. City of Miami. Although Bank of America recognized that cities have Article III standing to sue for economic injuries suffered from predatory lending, the Supreme Court rejected the Eleventh Circuit’s more lenient causation standard, favoring proof of “some direct relation between the injury asserted and the injurious conduct alleged.” Doubtless the result could have been worse for cities suing on the premise that racially discriminatory lending caused municipal blight. The courthouse doors could have closed if the ...


Brief Of Amici Curiae Finance Regulation Scholars In Support Of Plaintiff's Motion For A Preliminary Injunction In English V. Trump, Patricia A. McCoy 2018 Boston College Law School

Brief Of Amici Curiae Finance Regulation Scholars In Support Of Plaintiff's Motion For A Preliminary Injunction In English V. Trump, Patricia A. Mccoy

Patricia A. McCoy

Professor McCoy was the lead author of an amicus brief in support of the lawsuit by CFPB Deputy Director Leandra English against the Trump Administration, asserting that she lawfully became the Acting Director of the Consumer Financial Protection Bureau under the Dodd-Frank Act.


Making Innovation More Competitive: The Case Of Fintech, Rory Van Loo 2018 Boston University School of Law

Making Innovation More Competitive: The Case Of Fintech, Rory Van Loo

Faculty Scholarship

Finance startups are offering automated advice, touchless payments, and other products that could bring great societal benefits, including lower prices and expanded access to credit. Yet unlike in other digital arenas in which American companies were global leaders, such as search engines and ride hailing, the U.S. has lagged in consumer finance. This Article posits that the current competition framework is holding back consumer financial innovation. It then identifies a contributor that has yet to be articulated: the organizational design of administrative agencies. Competition authority—including antitrust and the extension of business licenses—is spread across at least five ...


The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García 2018 Pepperdine University

The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García

Pepperdine Dispute Resolution Law Journal

Article 25 of the International Convention on the Settlement of Investment Disputes left the notion of “investment” intentionally undefined, thus leaving its interpretation in the hands of arbitration tribunals, which has led to inconsistencies, confusion and debate regarding the true essence of what may appear as a routine concept. This article tries to explain that the proper meaning of “investment” under the Convention must be clarified not only by discussing the drafting history of the Convention, but by also examining doctrinal tendencies, key aspects of corresponding arbitration awards and customary international law and argues that arbitration tribunals should show strong ...


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