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Articles 1 - 30 of 119
Full-Text Articles in Law
The Fall (And Rise?) Of Community Banking: The Continued Importance Of Local Institutions, Bob Solomon
The Fall (And Rise?) Of Community Banking: The Continued Importance Of Local Institutions, Bob Solomon
UC Irvine Law Review
No abstract provided.
The Basel Iii Liquidity Coverage Ratio And Financial Stability, Andrew W. Hartlage
The Basel Iii Liquidity Coverage Ratio And Financial Stability, Andrew W. Hartlage
Michigan Law Review
Banks and other financial institutions may increase the amount of credit available in the financial system by borrowing for short terms and lending for long terms. Though this "maturity transformation" is a useful and productive function of banks, it gives rise to the possibility that even prudently managed banks could fail due to a lack of liquid assets. The financial crisis of 2007-2008 revealed the extent to which the U.S. financial system is exposed to the risk of a system-wide failure from insufficient liquidity. Financial regulators from economies around the world have responded to the crisis by proposing new, internationally …
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield
Pepperdine Law Review
No abstract provided.
Standing To Sue A Carrier's Killers , Davis J. Howard
Standing To Sue A Carrier's Killers , Davis J. Howard
Pepperdine Law Review
No abstract provided.
The Misappropriation Theory In Light Of Carpenter And The Insider Trading And Securities Fraud Enforcement Act Of 1988, Mark A. Clayton
The Misappropriation Theory In Light Of Carpenter And The Insider Trading And Securities Fraud Enforcement Act Of 1988, Mark A. Clayton
Pepperdine Law Review
No abstract provided.
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Pepperdine Law Review
No abstract provided.
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff
Pepperdine Law Review
No abstract provided.
Shockwave: Lender Liability Under Cercla After United States V. Fleet Factors Corporation, Nicholas M. Kublicki
Shockwave: Lender Liability Under Cercla After United States V. Fleet Factors Corporation, Nicholas M. Kublicki
Pepperdine Law Review
No abstract provided.
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire
Pepperdine Law Review
No abstract provided.
Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt
Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt
Pepperdine Law Review
No abstract provided.
Unconstitutional Regulatory Seizures Under The Federal Deposit Insurance Corporation Improvement Act Of 1991: The Final Blow To The Business Of National Banks , Craig Boyd Garner
Unconstitutional Regulatory Seizures Under The Federal Deposit Insurance Corporation Improvement Act Of 1991: The Final Blow To The Business Of National Banks , Craig Boyd Garner
Pepperdine Law Review
No abstract provided.
Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier
Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier
San Diego International Law Journal
Most countries require banks to hold extra capital to protect against unforeseen financial calamities; banks with riskier loans must hold more capital than those with safer loans. Basel II, a set of international banking standards, allows banks to measure a loan’s risk in different ways: some banks make their own judgments; others use outside agencies. The recent mortgage crisis prompted banks to reevaluate these methods, in part due to banks having failed to perceive the high level of risk inherent in securitized mortgages. The international community’s response was Basel III, an updated version of its previous standards. This Comment will …
A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Landon C. Davis Iii, Isaac A. Mcbeth, Elizabeth Southall
A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Landon C. Davis Iii, Isaac A. Mcbeth, Elizabeth Southall
University of Richmond Law Review
No abstract provided.
An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings
An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings
Pepperdine Law Review
No abstract provided.
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Pepperdine Law Review
No abstract provided.
The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna
The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna
North Carolina Central Law Review
No abstract provided.
Foreign Direct Investment Catalysts In West Africa: Interactions With Local Content Laws And Industry-Community Agreements, Ibironke T. Odumosu-Ayanu
Foreign Direct Investment Catalysts In West Africa: Interactions With Local Content Laws And Industry-Community Agreements, Ibironke T. Odumosu-Ayanu
North Carolina Central Law Review
No abstract provided.
A Regulatory Design For Monetary Stability, Morgan Ricks
A Regulatory Design For Monetary Stability, Morgan Ricks
Vanderbilt Law Review
This Article proposes a unified regulatory approach to the issuance of "money-claims"--a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably the central problem for financial regulatory policy. Yet our existing regulatory system lacks a coherent approach to this market. The Article proposes a public-private partnership ("PPP") regime, under which only licensed entities would be permitted to issue money - claims (subject to de minimis exceptions). Licensed money- claim issuers would be required to abide by portfolio restrictions and capital requirements. In addition, the government would explicitly insure licensed issuers' …
The Inherent Instability Of The Financial System, Kim De Glossop
The Inherent Instability Of The Financial System, Kim De Glossop
The Journal of Business, Entrepreneurship & the Law
The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase further assets, and so on. The basis for the idea is Hyman Minsky's Financial Instability Hypothesis, itself a reinterpretation of The General Theory of Employment, …
"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu
"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu
The Journal of Business, Entrepreneurship & the Law
Drawing upon the theoretical concepts of reputation and social networking, this article's main objective is to assess how investment banks choose external law firms. Using qualitative methods, I show that investment banks, to varying degrees, rely on internal counsel, procurement specialists, and boards of directors to decide which firm to select. When choosing a specific law firm for the first time, corporate decision-makers are likely to evaluate law firms based on intangible factors like reputation and the word-of-mouth referrals of their colleagues. In subsequent selections of a law firm, these factors are transplanted by past results. Firm expertise and cost …
The Federal Reserve As Last Resort, Colleen Baker
The Federal Reserve As Last Resort, Colleen Baker
University of Michigan Journal of Law Reform
The Federal Reserve, the central bank of the United States, is one of the most important and powerful institutions in the world. Surprisingly, legal scholarship hardly pays any attention to the Federal Reserve or to the law structuring and governing its legal authority. This is especially curious given the amount of legal scholarship focused on administrative agencies that do not have anywhere near as critical a domestic and international role as that of the Federal Reserve. At the core of what the Federal Reserve does and should do is to conduct monetary policy so as to safeguard pricing, including that …
The Volcker Rule's Hedging Exemption, Spencer A. Winters
The Volcker Rule's Hedging Exemption, Spencer A. Winters
Michigan Law Review First Impressions
The comment period for the proposed regulations to be promulgated under the Volcker Rule expired on February 13, 2012. The rulemakers received over 16,000 comments during that period, in what one commentator described as a "fecal storm." Though that description is hopefully an exaggeration, it is safe to say that the Rule's implementation has been contentious. The Volcker Rule, named for former chairman of the Federal Reserve Paul Volcker, is a component of the Dodd-Frank Act, which Congress passed in response to the recent financial crisis. The Rule's statutory provision charges the nation's financial regulators with issuing a body of …
The Intellectual Integrity Of Ed Baker, Vincent Blasi
The Intellectual Integrity Of Ed Baker, Vincent Blasi
West Virginia Law Review
No abstract provided.
Assessing The Legislative Politics In The Making Of The Foreign Bank Liberalization Act, Bing Baltazar C. Brillo
Assessing The Legislative Politics In The Making Of The Foreign Bank Liberalization Act, Bing Baltazar C. Brillo
Journal of Public Affairs and Development
The study is about the dynamics among the actors in the making of the Foreign Bank Liberalization Act or Republic Act 7721. The central issue in the legislation was whether to have a restricted or extensive liberalization of the banking sector. The policy divide was between the Senate-BSO-BAP-resident foreign banks' bloc, which was advocating for a single-mode of entry for foreign banks, and the House-FCCP-the rural-development banks-the academic-business-consumer groups' bloc, which was endorsing a multiple-mode of entry for foreign banks. The Senate-BSP-BAP-resident foreign banks' bloc prevailed since this bloc benefited from three intertwined factors in the legislation process. First, the …
Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore, Shahla F. Ali, Antonio Da Roza
Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore, Shahla F. Ali, Antonio Da Roza
Washington International Law Journal
Systems of financial dispute resolution currently operate in most major financial centers throughout the world. As such systems expand and develop to address a growing number of finance-related disputes, they must inevitably address the question of their role and function in financial market regulation. Such questions are rooted in the larger socio-legal dispute processing debate examining how institutional dispute resolution mechanisms effectively regulate the repeat player knowledge/power gap through appropriate policies and procedures. Using the example of Hong Kong in comparison with financial dispute resolution models currently in existence in the United Kingdom, Australia, Singapore, and the United States, this …
The Card Act On Campus, Jim Hawkins
The Card Act On Campus, Jim Hawkins
Washington and Lee Law Review
In February 2010, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act intervened in student credit card markets in a dramatic way, attempting to prevent student over-indebtedness, to end aggressive marketing to college students, and to reveal and change avaricious agreements between credit card issuers and colleges. Yet, two years after it became effective, we still have little measurement of whether the Act has accomplished these goals. This Article offers the first empirical assessment of the rationales for the CARD Act and the Act’s effects. Over the two years since the CARD Act went into effect, I conducted surveys of …
Regulating Short Selling In Europe After The Crisis, Rodolphe B. Elineau
Regulating Short Selling In Europe After The Crisis, Rodolphe B. Elineau
Brigham Young University International Law & Management Review
No abstract provided.
Six Dimension Strategy As A Basis Of Banking Standard Contract, Wulanmas Frederik
Six Dimension Strategy As A Basis Of Banking Standard Contract, Wulanmas Frederik
Indonesia Law Review
Indonesia banking based on Article 4 of Act No.10, 1998, aims at supporting the implementation of national development in order to improve equity, economic growth and national stability in the direction of improving people’s welfare. Therefore, to show how important is banking role in supporting the implementation of development, the 6 (six) Strategic Dimensions as the foundation of Banking Standards Contract are: (1). Prudent Banking Supervision and Good Corporate Governance (GCG) in banking activities, (2). Refunctionalization the principle of Contract Law in Banking Standards Contract, (3). Ethics Value in Business, (4). The Act No. 8, 1999 on Consumer Protection, (5). …