Law Commons^™

What Can Be Done About Stock Market Volatility, Tamar Frankel

Faculty Scholarship

Volatility is as old as the financial markets. The bull market of 1986 and the crash that followed in 1987 were but the latest of periodic market gyrations that started with the South Sea Bubble and the Lombard Street run on commercial paper and have continued ever since.' Volatility in the financial markets would not be very important if market activity simply mirrored economic activity. Volatility would be much less important if the markets moved independently of the economy. But if we believe, as I do, that the markets and the economy are interdependent, and that their volatility is generally …

State Banking Department, A. Urrutia

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, C. Merrill

California Regulatory Law Reporter

No abstract provided.

A History Of Usury Law In Arkansas: 1836-1990, Kenneth E. Galchus, Charles G. Martin, Ashvin P. Vibhakar

University of Arkansas at Little Rock Law Review

No abstract provided.

Lender Liability And Discretionary Lending: Putting The Good Faith Performance Standard In Perspective

Washington and Lee Law Review

No abstract provided.

Banking Department, M. Staples

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, M. Ross

California Regulatory Law Reporter

No abstract provided.

Price Effects Of Horizontal Mergers, Alan A. Fisher Ph.D., Frederick I. Johnson Ph.D., Robert H. Lande

All Faculty Scholarship

When should the government challenge a merger that might increase market power but also generate efficiency gains? The dominant belief has been that the government and courts should evaluate these mergers solely in terms of economic efficiency. Congress, however, wanted the courts to stop any merger significantly likely to raise prices. Substantially likely efficiency gains should therefore affect the legality of mergers to the extent that they are likely to prevent price increases. This standard is more strict than the economic efficiency criterion, because the latter would permit mergers substantially likely to lead to higher prices, if sufficient efficiency gains …

State Banking Department, M. Staples

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, M. Ross

California Regulatory Law Reporter

No abstract provided.

9th Annual Seminar On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Joseph M. Scott Jr., M. Brooks Senn, John T. Mcgarvey, David C. Pottinger, Dorothy M. Pitt, James E. Sniegocki, Cynthia W. Young, John C. Deal, Scott W. Brinkman, David W. Harper, R. James Strauss, William L. Montague, John J. Holzknecht

Continuing Legal Education Materials

Outline of speakers' presentations from the 9th Annual Seminar on Legal Issues for Financial Institutions held by UK/CLE on March 10-11, 1989.

State Banking Department, M. Staples

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, M. Ross

California Regulatory Law Reporter

No abstract provided.

Financial Failure In The Hospitality Industry, Edward M. Tavlin, Elisa S. Moncarz, Deb Dumont

Hospitality Review

The hospitality industry (especially the restaurant segment) has a historically high rate of financial failures. Yet, financial failure in the industry has not received the attention it deserves. In this article, the authors identify basic reasons underlying failed ideas while presenting a study of several hospitality chains that have experienced varying degrees of financial failure. The characteristics and pitfalls of these companies provide the necessary groundwork to explore major lessons to be learned which should aid hospitality management to aviod future business failures.

Does International Human Rights Law Have Something To Teach Monetary Law?, Cynthia C. Lichtenstein

Michigan Journal of International Law

Although the subject of exchange controls, a substantial part of international monetary law, seems hardly at first glance to be as gripping a matter of international concern as international human rights, the first glance neglects the place of exchange controls in the life blood of developing nations. If, instead of referring to exchange controls, one speaks of the human costs of the international debt crisis, the point is quickly made. Students in a class in international monetary law do see a connection between the outflow of hard currency to repay external debt and the political consequences for a nation that, …

Joint Ventures And The Law Of International Claims, Richard B. Lillich

Michigan Journal of International Law

Joint ventures are one of the most remarkable post-World War II international business developments. Although the late Professor Friedmann noted in 1971 that they were becoming "the most important form of foreign investment in the developing countries of Africa, Asia and Latin America," "only within the last two decades has the joint capital venture received more than scant attention." Now, whether one is interested in establishing a "minority joint venture," in which the foreign investor holds less than fifty percent of the equity in the joint enterprise and the host country the majority interest, or a "multipartite joint venture," in …

A Compilation Of Testimony And Exhibits Of The Subject Of Lincoln Savings And Loan, Volume I, Assembly Committee On Finance And Insurance

California Assembly

No abstract provided.

Lincoln Savings And Loan, Volume Iii, Assembly Committee On Finance And Insurance

California Assembly

A COMPILATION OF TESTIMONY AND EXHIBITS ON THE SUBJECT OF LINCOLN SAVINGS AND LOAN: for hearings held by the ASSEMBLY FINANCE AND INSURANCE SUBCOMMITTEE ON SAVINGS AND LOAN LAW AND REGULATION. PATRICK JOHNSTON, CHAIRMAN

August 31, 1989
November 29, 1989
December 20, 1989
Volume III

Lincoln Savings And Loan, Volume Ii, Assembly Committee On Finance And Insurance

California Assembly

A COMPILATION OF TESTIMONY AND EXHIBITS ON THE SUBJECT OF LINCOLN SAVINGS AND LOAN: for hearings held by the ASSEMBLY FINANCE AND INSURANCE SUBCOMMITTEE ON SAVINGS AND LOAN LAW AND REGULATION. PATRICK JOHNSTON, CHAIRMAN

August 31, 1989
November 29, 1989
December 20, 1989
Volume II

The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore

Penn State International Law Review

This article discusses the eighteenth century understanding of the subtle equilibrium between polity, economy, and government; the deleterious effect of the laissez-faire heterodoxy that entrenched itself during the nineteenth century; and, the adverse reaction that occurred in the twentieth century. In turn, this article shifts its inquiry toward the internationalization of world financial markets as a guide for how United States industry can reclaim its patrimony: by encouraging a re-adoption of the eighteenth century model of the proper balance between government and commerce. Finally, using the example provided by the move toward an international financial market, this article concludes that …

Banking Integration In The European Community, George Zavvos

Northwestern Journal of International Law & Business

The aim of this Article is to outline and assess the Community's strategy for the banking sector by highlighting the philosophy and the context shaping its actions. In addition, this Article will attempt to show that the Commission's various proposals, particularly the Second Banking Coordination Directive ("Second Directive"), take account of the continuing tension of, on the one hand, achieving more efficient banking systems through increased competition and, on the other hand, the absolute need for prudential supervision, enhancing the financial stability of the banks and public confidence in the banking systems. Finally, this article looks at the Community's policy …

Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich

University of Richmond Law Review

This article addresses developments in Virginia creditors' rights from April 1988 to April 1989. It is aimed at the non-specialist who nonetheless handles creditors' rights problems in practice. The following will describe the more important holdings and offer some comments about these holdings.

What You See Is Not Always What You Get: The Enforceability Of Loan Prepayment Penalties, 23 J. Marshall L. Rev. 65 (1989), Thomas C. Homburger, Matthew K. Phillips

UIC Law Review

No abstract provided.

Introduction To The Banking Law Symposium: A 200 Year Journey From Anarchy To Oligarchy, James J. White

Articles

Each of the five articles in this symposium deals in one way or another with a single question: In what ways and to what end should banks be regulated? Although banks and bankers are the very symbols of a capitalist economy, banks and bankers are not free. No banker may set up business on his own; he must have a charter. With insignificant exceptions no bank or bank holding company can operate a steel mill, sell grass seed, manufacture snowmobiles, or engage in any other activity that is not related to banking. There are rules that limit the geographic scope …

Bargaining For Justice: An Examination Of The Use And Limits Of Conditions By The Federal Reserve Board, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The Malformed Mouse Meets The Libr: Secured And Restitutionary Claims To Commingled Funds, Harold R. Weinberg

Law Faculty Scholarly Articles

The "malformed mouse" is section 9-306(4)(d) of the Uniform Commercial Code. It provides a formula that determines the extent to which an insolvent debtor's commingled bank account contains funds subject to a security interest. A special entitlement is necessary because it is impossible to physically distinguish this collateral after commingling. The label malformed mouse is appropriate if one agrees with critics who have questioned the mouse's statutory architecture and underlying rationale. The image of an elusive creature is also apt. The mouse continues to elude understanding, although it has been part of the Code for many years and the subject …

Written Agreements In The Lender-Borrower Context: The Illusion Of Certainty, Robert D. Rowe

Vanderbilt Law Review

Recent legal battles in the lender-borrower arena have received widespread attention. The fact that these battles occur merits little surprise because borrowers often seek recourse against lenders when financial commitments go awry. Moreover, recent lender-borrower cases do not introduce any new legal theories. The outcome is the noteworthy feature of these cases. Borrowers increasingly are obtaining judgments against lenders. This Note examines recent lender-borrower cases from a contractual perspective, analyzing the application of traditional contract principles in the lender-borrower context. Part II of this Note contends that courts are trying to address three concerns in the lender-borrower context: maintenance of …

Legal Policy Conflicts In International Banking, William W. Park

Faculty Scholarship

The world debt crisis might never have occupied the front pages of our newspapers during much of the past decade if more attention had been paid to the advice old Polonius gave to young Laertes. More than one Secretary of the Treasury has tried to control a multibillion dollar problem of money addiction, whose resolution sometimes seems to lie in the realm of financial eschatology.

National Law And Commercial Justice: Safeguarding Procedural Integrity In International Arbitration, William W. Park

Faculty Scholarship

The law chosen to govern the merits of an international contract dispute does not always lead to results hat satisfy an arbitrator's personal sense of what is right. The arbitrator therefore may be tempted to resolve the dispute according to his own notion of justice. Seduced away from the rules of the otherwise applicable law, the arbitrator may take on unauthorized powers of amiable composition. While most international arbitrators are conscientious in respecting the bounds of their mission, some have been known to boast of their skill in finding ways to bypass the established rules of the party-chosen law. …

Current State Of The Savings And Loan Industry, William K. Black

Faculty Works

No abstract provided.