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Investment Treaties Are About Justice, Frank J. Garcia 2017 Boston College Law School

Investment Treaties Are About Justice, Frank J. Garcia

Frank J. Garcia

This Perspective argues that investment law is ripe for a paradigm shift away from pure capital protection. Rather, investment law should be recognized as part of a comprehensive global economic governance system for ensuring justice and the rule of law, in this case in the allocation of investment capital.


Foreclosure Diversion And Mediation In The States, Alan M. White 2017 CUNY School of Law

Foreclosure Diversion And Mediation In The States, Alan M. White

Georgia State University Law Review

The recent mortgage foreclosure crisis, whose economic effects are well known, transformed state legal structures governing the mortgage foreclosure process. What had been a relatively routine system of default judgments and auction sales has evolved into a negotiation and workout practice in which homeowners contest foreclosures, demand loan modifications and short sales, and propose other alternatives to foreclosures.

A profusion of state laws and court orders were adopted between 2008 and 2014 with the aim of promoting negotiated foreclosure alternatives. These laws have produced a variety of experiments in the “laboratories of democracy.” The defaults—whether home loans are renegotiated ...


The Curious Case Of Madden V. Midland Funding And The Survival Of The Valid-When-Made Doctrine, Charles M. Horn, Melissa R.H. Hall 2017 University of North Carolina School of Law

The Curious Case Of Madden V. Midland Funding And The Survival Of The Valid-When-Made Doctrine, Charles M. Horn, Melissa R.H. Hall

North Carolina Banking Institute

This article explores the facts and holdings of Madden and its short-term and longer-term legal and commercial implications. The authors conclude that Madden was wrongly decided due to a misplaced primary focus by the defendants on federal bank preemption principles, causing the Second Circuit to all but ignore the valid-when-made doctrine. Although Madden is having an adverse short-term impact, the authors believe that ultimately it will be properly limited in its scope and impact, will not be embraced across the board by other state or federal courts, and will not result in significant changes to the law and principles of ...


Foreword, Brenna A. Sheffield, Lissa L. Broome 2017 University of North Carolina School of Law

Foreword, Brenna A. Sheffield, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.


Standing, Statutory Violations, And Concrete Injury In Federal Consumer Financial Protection Statutes After Spokeo, Inc. V. Robins, John H. Hykes III 2017 University of North Carolina School of Law

Standing, Statutory Violations, And Concrete Injury In Federal Consumer Financial Protection Statutes After Spokeo, Inc. V. Robins, John H. Hykes Iii

North Carolina Banking Institute

No abstract provided.


First Time For Everything: The Cfpb Enforces Data Security, Graham T. Dean 2017 University of North Carolina School of Law

First Time For Everything: The Cfpb Enforces Data Security, Graham T. Dean

North Carolina Banking Institute

No abstract provided.


The North Carolina State Tax Treatment Of Virtual Currency: An Unanswered Question, Kelly J. Winstead 2017 University of North Carolina School of Law

The North Carolina State Tax Treatment Of Virtual Currency: An Unanswered Question, Kelly J. Winstead

North Carolina Banking Institute

No abstract provided.


The Consumer Financial Protection Bureau At Five: A Survey Of The Bureau's Activities, Donald C. Lampe, Ryan J. Richardson 2017 University of North Carolina School of Law

The Consumer Financial Protection Bureau At Five: A Survey Of The Bureau's Activities, Donald C. Lampe, Ryan J. Richardson

North Carolina Banking Institute

This article surveys the Consumer Financial Protection Bureau's ("CFPB" or the "Bureau") activities over its first five years, with an emphasis on publicly available empirical data. Part II provides an overview of the CFPB’s creation and operations, including discussion of its structure and powers. Part III provides data and analysis on the CFPB’s activities across its three primary functional areas—rulemaking, supervision, and enforcement— for the five-year period from July 21, 2011, to July 21, 2016. Part IV summarizes major developments in the CFPB’s sixth year and the agency’s stated policy priorities through 2017. Finally ...


The New York Department Of Financial Service's New Anti-Money Laundering Regulation: A Model For Improvement, Roy G. Dixon III 2017 University of North Carolina School of Law

The New York Department Of Financial Service's New Anti-Money Laundering Regulation: A Model For Improvement, Roy G. Dixon Iii

North Carolina Banking Institute

No abstract provided.


Front Matter, North Carolina Banking Institute 2017 University of North Carolina School of Law

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


Table Of Contents, North Carolina Banking Institute 2017 University of North Carolina School of Law

Table Of Contents, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


In Memoriam: H. Gary Pannell 1937-2016, North Carolina Banking Institute 2017 University of North Carolina School of Law

In Memoriam: H. Gary Pannell 1937-2016, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


A Review And Assessment Of The National Mortgage Settlement By Its Monitor, Joseph A. Smith Jr. 2017 University of North Carolina School of Law

A Review And Assessment Of The National Mortgage Settlement By Its Monitor, Joseph A. Smith Jr.

North Carolina Banking Institute

Since April 2012, the author has served as Monitor of the consent judgments commonly known as the National Mortgage Settlement (the “Settlement”). The obligations of the mortgage servicer parties to the first five of such judgments were satisfied in March 2016. Three consent judgments under the Settlement’s structure remain in effect. Although the mortgage servicing settlement process is ongoing, completion of the first five consent judgments is an appropriate vantage point from which to review the Settlement and assess its impact and significance. This article provides such a review and assessment based on the author's work as the ...


Is Your Cyber Liability Insurance Any Good? A Guide For Banks To Evaluate Their Cyber Liability Insurance Coverage, Thomas H. Bentz Jr. 2017 University of North Carolina School of Law

Is Your Cyber Liability Insurance Any Good? A Guide For Banks To Evaluate Their Cyber Liability Insurance Coverage, Thomas H. Bentz Jr.

North Carolina Banking Institute

Knowing what issues to consider when purchasing a cyber insurance policy is one of the most difficult challenges for banks. This article discuss the top five issues a bank should consider when looking for a strong cyber liability insurance policy.


The Cfpb At Five Years: Beyond The Numbers, Kelly Thompson Cochran 2017 University of North Carolina School of Law

The Cfpb At Five Years: Beyond The Numbers, Kelly Thompson Cochran

North Carolina Banking Institute

As the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) has passed its five-year anniversary, the Bureau has amassed an impressive set of numbers measuring some of its impacts on consumers and the financial services marketplace. Other accomplishments may get less attention, but have nonetheless created important infrastructure and partnerships to help leverage and magnify the agency’s effectiveness. This article briefly summarizes some of the ways in which the Bureau has evolved in its early years to better fulfill its mission and improve the functioning of consumer financial markets.


Smart Contracts: Legal Agreements For The Blockchain, Reggie O'Shields 2017 University of North Carolina School of Law

Smart Contracts: Legal Agreements For The Blockchain, Reggie O'Shields

North Carolina Banking Institute

No abstract provided.


The Consequences From Issuing Invalid Municipal Debt: Examining The Voidable Debt Issues In The Detroit Bankruptcy And Puerto Rican Debt Crisis, Joshua C. Showalter 2017 University of North Carolina School of Law

The Consequences From Issuing Invalid Municipal Debt: Examining The Voidable Debt Issues In The Detroit Bankruptcy And Puerto Rican Debt Crisis, Joshua C. Showalter

North Carolina Banking Institute

No abstract provided.


Deference Debate And The Role Of Cost-Benefit Analysis In Financial Regulation: Metlife V. Financial Stability Oversight Council, Frederick Matthew Norchi 2017 University of North Carolina School of Law

Deference Debate And The Role Of Cost-Benefit Analysis In Financial Regulation: Metlife V. Financial Stability Oversight Council, Frederick Matthew Norchi

North Carolina Banking Institute

No abstract provided.


"Fishing" For Trouble?: On The Appropriate Limits Of A Civil Investigative Demand Issues By The Cfpb, E. Sylvester Kisluk 2017 University of North Carolina School of Law

"Fishing" For Trouble?: On The Appropriate Limits Of A Civil Investigative Demand Issues By The Cfpb, E. Sylvester Kisluk

North Carolina Banking Institute

No abstract provided.


Using A Shotgun To Kill A Fly: Issues With The Cfpb's Payday Lending Proposal And The Need To Incentivize Banks To Enter The Marketplace, Ethan D. Trotz 2017 University of North Carolina School of Law

Using A Shotgun To Kill A Fly: Issues With The Cfpb's Payday Lending Proposal And The Need To Incentivize Banks To Enter The Marketplace, Ethan D. Trotz

North Carolina Banking Institute

No abstract provided.


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