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Full-Text Articles in Law

The Case For A Uniform Definition Of A Leveraged Loan, Zachary L. Pechter Jan 2016

The Case For A Uniform Definition Of A Leveraged Loan, Zachary L. Pechter

Florida State University Law Review

Over the past twenty years, leveraged loans and high yield bonds have converged into similar instruments, sparking a debate as to whether leveraged loans should be regulated as securities like high yield bonds. This Note recognizes problems with the current regulatory framework for leveraged loans and shows that leveraged loans are not securities and should not be regulated as such. Instead of regulating leveraged loans as securities, which would likely be more costly than beneficial and contrary to the SEC’s mission statement, the SEC should promulgate a uniform definition of a leveraged loan. This solution would alleviate problems such as …


Durbin Amendment To The Dodd Frank Act: Two Caps Are Better Than One For Debit Card Interchange Fees, Maureen Kane Jul 2014

Durbin Amendment To The Dodd Frank Act: Two Caps Are Better Than One For Debit Card Interchange Fees, Maureen Kane

Florida State University Law Review

No abstract provided.


Pay As Risk Regulation, Andrew C.W. Lund Apr 2014

Pay As Risk Regulation, Andrew C.W. Lund

Florida State University Law Review

How do we prevent financial institutions from taking excessive risk when the public fisc serves as creditor? This is one of the central questions left over after the recent financial crisis and, for the past five years, there has been no shortage of proposed answers. Two of the more popular candidates for ex ante regulation—proprietary trading restrictions and enhanced capital requirements—are on their way to being enacted in one form or another, albeit with some controversy over their cost and ultimate efficacy. Meanwhile, a third, more indirect approach has sprouted in the pages of law and finance journals under which …


Transitive Counterparty Risk And Financial Contracts, Manuel A. Utset Jul 2013

Transitive Counterparty Risk And Financial Contracts, Manuel A. Utset

Scholarly Publications

No abstract provided.


Financial System Engineering, Manuel A. Utset Apr 2013

Financial System Engineering, Manuel A. Utset

Scholarly Publications

No abstract provided.


Corporate Actors, Corporate Crimes And Time-Inconsistent Preference, Manuel A. Utset Jan 2013

Corporate Actors, Corporate Crimes And Time-Inconsistent Preference, Manuel A. Utset

Scholarly Publications

No abstract provided.


The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle Oct 2012

The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle

Scholarly Publications

No abstract provided.


Complex Financial Institutions And Systemic Risk, Manuel A. Utset Apr 2011

Complex Financial Institutions And Systemic Risk, Manuel A. Utset

Scholarly Publications

No abstract provided.


Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Market, Jay B. Kesten Jan 2010

Managerial Entrenchment And Shareholder Wealth Revisited: Theory And Evidence From A Recessionary Market, Jay B. Kesten

Scholarly Publications

Does managerial entrenchment create or destroy shareholder value? This Article presents both theory and evidence that the answer to this question is not monolithic, but rather depends on factors that vary greatly with the macroeconomic climate, such as firm profitability, takeover frequency, and valuation of takeover premiums. The mainstream view, both of academics and market participants, is that entrenchment reduces accountability to shareholders and amplifies agency costs, thus decreasing shareholder wealth. Two influential studies (Bebchuk, Cohen & Ferrell (2009) and Gompers, Ishii & Metrick (2003)) present empirical evidence consistent with this conclusion, finding statistically significant negative correlations between entrenchment and …


Strategic Governance, Kelli A. Alces Jan 2008

Strategic Governance, Kelli A. Alces

Scholarly Publications

Creditors exercise significant power over financially distressed corporations, thereby pushing corporate managers further into the realm of unprofitable risk aversion. The heavy hand of creditor power and the threats creditors are able to make to managers’ professional stability and success misalign senior officers’ incentives by undermining their freedom to make wealth-maximizing decisions on behalf of the corporation. The importance of independent managerial decision making is paramount in the law of corporate governance and that independence has been inefficiently undermined by the exertion of oppressive creditor control. This Article resolves the problem by creating a mechanism to balance shareholder and creditor …


The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee Jan 2007

The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Reciprocal Fairness, Strategic Behavior & Venture Survival: A Theory Of Venture Capital-Financed Firms, Manuel A. Utset Jan 2002

Reciprocal Fairness, Strategic Behavior & Venture Survival: A Theory Of Venture Capital-Financed Firms, Manuel A. Utset

Scholarly Publications

No abstract provided.


Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard Jan 2000

Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer Jan 1999

Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer

Florida State University Journal of Transnational Law & Policy

No abstract provided.


From Behind The Looking Glass: Good Faith, Fiduciary Duty & Permitted Harm, Claire Moore Dickerson Apr 1995

From Behind The Looking Glass: Good Faith, Fiduciary Duty & Permitted Harm, Claire Moore Dickerson

Florida State University Law Review

No abstract provided.


The Discipline Of Institutions And The Disciplining Of Banks, Manuel A. Utset Jan 1995

The Discipline Of Institutions And The Disciplining Of Banks, Manuel A. Utset

Scholarly Publications

No abstract provided.


Is The Power Of The Rtc Unlimited? -- Federal Preemption Of State Banking Law, David Whitney Adams Jul 1991

Is The Power Of The Rtc Unlimited? -- Federal Preemption Of State Banking Law, David Whitney Adams

Florida State University Law Review

No abstract provided.


Regional Reciprocal Banking Laws: Constitutional, But What Next?, C. Timothy Gray Jul 1986

Regional Reciprocal Banking Laws: Constitutional, But What Next?, C. Timothy Gray

Florida State University Law Review

No abstract provided.


Glass-Steagall: Lest We Forget, Lawrence F. Orbe Iii Apr 1983

Glass-Steagall: Lest We Forget, Lawrence F. Orbe Iii

Florida State University Law Review

No abstract provided.


Loan Participations: Are They "Securities"?, Dennis Scholl, Ronald L. Weaver Apr 1982

Loan Participations: Are They "Securities"?, Dennis Scholl, Ronald L. Weaver

Florida State University Law Review

No abstract provided.


Federal Regulation Of Foreign Currency Trading For Future Delivery On Interbank And Futures Markets, Stewart L. Brown, W. Dekle Day Jan 1981

Federal Regulation Of Foreign Currency Trading For Future Delivery On Interbank And Futures Markets, Stewart L. Brown, W. Dekle Day

Florida State University Law Review

No abstract provided.


Diversification And Sophistication Of Banking Services And Exclusive Venue Privilege On A Collision Course, J. Michael Nifong Apr 1980

Diversification And Sophistication Of Banking Services And Exclusive Venue Privilege On A Collision Course, J. Michael Nifong

Florida State University Law Review

No abstract provided.