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Articles 31 - 60 of 63
Full-Text Articles in Law
Western Unionizing The Hawala: The Privatization Of Hawalas And Lender Liability, Smriti S. Nakhasi
Western Unionizing The Hawala: The Privatization Of Hawalas And Lender Liability, Smriti S. Nakhasi
Northwestern Journal of International Law & Business
Hawala, an ancient banking system used predominantly in South Asia and the Middle East, has recently posed a regulatory quandary for law enforcement and capital markets.1 This comment addresses the pitfalls of a prominently proposed, well-intentioned solution to bring the hawala system into the modern banking structure and under the regulatory eye of law enforcement. As will be seen, the inherent nature of the hawala system and the lender risks associated with privatizing create enormous obstacles to realizing these privatization efforts. The problem with many proposed solutions is that they try to impose guidelines upon a system based on cultural, …
Hedge Fund Regulation: What The Fsa Is Doing Right And Why The Sec Should Follow The Fsa's Lead, Lartease Tiffith
Hedge Fund Regulation: What The Fsa Is Doing Right And Why The Sec Should Follow The Fsa's Lead, Lartease Tiffith
Northwestern Journal of International Law & Business
Recent news about hedge funds' successes and failures, and in some cases outright fraud, has increased the public's interest in a field that often prefers to cloak itself in a hidden veil. One can analogize hedge fund managers and the hedge fund industry to the nostalgic era of cowboys and the wild frontier. Hedge fund managers, like cowboys of the old days, do not want to be regulated. Just as the cowboys entering the frontier appreciated the lack of law or authority over their actions, today's hedge fund managers appreciate the lack of law or authority over their actions. And …
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
Sustainable Development Law & Policy
No abstract provided.
The Next Level Of Environmental Protection: Business Strategies And Government Policies Converging On Sustainability, Alan D. Hect
The Next Level Of Environmental Protection: Business Strategies And Government Policies Converging On Sustainability, Alan D. Hect
Sustainable Development Law & Policy
No abstract provided.
The Pension Protection Act Of 2006: An Overview Of Sweeping Changes In The Law Governing Retirement Plans, 40 J. Marshall L. Rev. 843 (2007), Craig C. Martin, Joshua Rafsky
The Pension Protection Act Of 2006: An Overview Of Sweeping Changes In The Law Governing Retirement Plans, 40 J. Marshall L. Rev. 843 (2007), Craig C. Martin, Joshua Rafsky
UIC Law Review
No abstract provided.
The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee
The Microfinance Movement: Closing The Gender Gap With A Click?, Ruth Jackson Lee
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper
Identity Theft: Plugging The Massive Data Leaks With A Stricter Nationwide Breach-Notification Law, 40 J. Marshall L. Rev. 681 (2007), Amanda Draper
UIC Law Review
No abstract provided.
Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele
Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele
NYLS Law Review
No abstract provided.
Sec Enforcement And Examinations Concerning Hedge Funds, Barry W. Rashkover, Laurin Blumenthal Kleiman
Sec Enforcement And Examinations Concerning Hedge Funds, Barry W. Rashkover, Laurin Blumenthal Kleiman
NYLS Law Review
No abstract provided.
A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman
A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach
A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach
Fordham Journal of Corporate & Financial Law
No abstract provided.
Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz
Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz
Fordham Journal of Corporate & Financial Law
No abstract provided.
Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung
Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Seventh Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law: The U.K Fsa: Nobody Does It Better?, William Michael Treanor, Ben A. Indek, Jill E. Fisch
The Seventh Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law: The U.K Fsa: Nobody Does It Better?, William Michael Treanor, Ben A. Indek, Jill E. Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Role Of Financial Journalists In Corporate Governance, Michael J. Borden
The Role Of Financial Journalists In Corporate Governance, Michael J. Borden
Fordham Journal of Corporate & Financial Law
No abstract provided.
Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman
Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman
Fordham Journal of Corporate & Financial Law
No abstract provided.
Legitimizing Private Placement Broker-Dealers Who Deal With Private Investment Funds: A Proposal For A New Regulatory Regime And A Limited Exception To Registration, 40 J. Marshall L. Rev. 703 (2007), Robert Connolly
UIC Law Review
No abstract provided.
Regulating Multinational Corporations: Towards Principles Of Cross-Border Legal Frameworks In A Globalized World Balancing Rights With Responsibilities, Joseph E. Stiglitz
Regulating Multinational Corporations: Towards Principles Of Cross-Border Legal Frameworks In A Globalized World Balancing Rights With Responsibilities, Joseph E. Stiglitz
American University International Law Review
No abstract provided.
Preemption, Agency Cost Theory, And Predatory Lending By Banking Agents: Are Federal Regulators Biting Off More Than They Can Chew , Christopher L. Peterson
Preemption, Agency Cost Theory, And Predatory Lending By Banking Agents: Are Federal Regulators Biting Off More Than They Can Chew , Christopher L. Peterson
American University Law Review
A pitched battle is currently being waged for control of the American banking industry. For over a hundred years, the federal and state governments have maintained a complex, but relatively stable truce in their contest for power. At the beginning of our republic, state governments were the primary charterers and regulators of banks. In the wake of the Civil War, the National Bank Act created parity between federal and state banks, cementing the notion of a dual banking system that endured through the twentieth century. But in the past five years, the federal government has increasingly used its powers under …
Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development, Daniel D. Bradlow
Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development, Daniel D. Bradlow
Human Rights Brief
No abstract provided.
From North-South Divide To Private-Public Debate: Revival Of The Calvo Doctrine And The Changing Landscape In International Investment Law, Wenhua Shan
Northwestern Journal of International Law & Business
After dominating Latin American states for over a century, the Calvo Doctrine has been widely described as "dead," particularly in the wake of the global tide of economic liberalization that began in the 1990s. However, some recent moves within and beyond Latin America suggest that this principle is not dead, but on the resurgence. The "Revival of Calvo" phenomenon signals a change of direction in international investment law: neo-liberalism no longer dominates international investment law-making, and a more balanced, and perhaps also a more conservative and nationalistic approach, is gaining ground. This Article explores these recent events and analyzes to …
Ec Reforms Of Corporate Governance And Capital Markets Law: Do They Tackle Insiders' Opportunism?, Luca Enriques, Matteo Gatti
Ec Reforms Of Corporate Governance And Capital Markets Law: Do They Tackle Insiders' Opportunism?, Luca Enriques, Matteo Gatti
Northwestern Journal of International Law & Business
Company and capital markets laws are rapidly evolving everywhere: there are few countries around the world where they have not been the subject of reform or where at least a reform agenda has not been devised. There are various reasons for this, both global and local. Among the global (or common) reasons for reform, two at least deserve to be singled out: large-scale market crises or prominent economic scandals, and financial development.
Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl
Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl
Fordham Journal of Corporate & Financial Law
No abstract provided.
Sec Settlement: Agency Self-Interest Or Public Interest, Danné L. Johnson
Sec Settlement: Agency Self-Interest Or Public Interest, Danné L. Johnson
Fordham Journal of Corporate & Financial Law
No abstract provided.
Compensation Practices For Retail Sale Of Mutual Funds: The Need For Transparency And Disclosure, John Howat, Linda Reid
Compensation Practices For Retail Sale Of Mutual Funds: The Need For Transparency And Disclosure, John Howat, Linda Reid
Fordham Journal of Corporate & Financial Law
No abstract provided.
Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh
Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh
Fordham Journal of Corporate & Financial Law
No abstract provided.
Contracting For Financial Privacy: The Rights Of Banks And Customers Under The Reauthorized Patriot Act, Aditi A. Prabhu
Contracting For Financial Privacy: The Rights Of Banks And Customers Under The Reauthorized Patriot Act, Aditi A. Prabhu
Loyola University Chicago Law Journal
The 2001 Patriot Act chipped away financial privacy protections by allowing law enforcement authorities easier access to bank customer records. Under the Patriot Act, federal authorities may access customer records by issuing formal subpoena-like requests under the Foreign Intelligence Surveillance Act ("FISA") or informal national security letters ("NSLs") to banks while prohibiting notice to any affected customers. However, the 2006 revisions to the Patriot Act permit banks to challenge FISA requests and NSLs in federal court before releasing customer records. While the Act does not require banks to make these challenges on behalf of their customers, this Article will argue …
Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf
Impediments To Financial Development In The Banking Sector: A Comparison Of The Impact Of Federalism In The United States And Germany, Khalil Nicholas Maalouf
Michigan Journal of International Law
This Note examines how differences in U.S. and German variants of federalism have contributed to the formation and development of the dual banking system in the United States and the three-pillar banking system in Germany. Specifically, this Note considers the manner in which federalism has informed the respective banking systems' reactions to dynamic changes in the global banking industry and analyzes the role federalism has played in contributing to or impeding reform efforts in the United States and Germany.
Goldstein V. Sec, Elizabeth A. Veit
Foreward, Faith Stevelman