Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (5)
- University of Michigan Law School (4)
- American University Washington College of Law (3)
- Selected Works (3)
- The Catholic University of America, Columbus School of Law (3)
-
- William & Mary Law School (3)
- New York Law School (2)
- University at Buffalo School of Law (2)
- University of Pennsylvania Carey Law School (2)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Chapman University (1)
- Columbia Law School (1)
- Duke Law (1)
- Maurer School of Law: Indiana University (1)
- Seattle University School of Law (1)
- SelectedWorks (1)
- Southern Methodist University (1)
- St. Mary's University (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Miami Law School (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- Keyword
-
- Banking (3)
- International finance (3)
- Acquisition (2)
- Banking industry (2)
- Banks (2)
-
- Community Reinvestment Act (2)
- M&A (2)
- Mergers (2)
- Mortgages (2)
- Uniform Commercial Code (2)
- 26 U.S.C. § 355 (1)
- Acquire (1)
- Acquisitions (1)
- Administration Law (1)
- American Bar Association (1)
- Antitrust issues in mergers (1)
- Arbitration (1)
- Assets (1)
- Assignees (1)
- Balance sheet (1)
- Bank (1)
- Bank Holding Company Act (1)
- Bank Reserves (1)
- Bank Runs and Systemic Risk (1)
- Bank acquisitions (1)
- Bank consolidation (1)
- Bank holding company (1)
- Bank merger (1)
- Bank mergers (1)
- Banking Law (1)
- Publication
-
- Fordham Journal of Corporate & Financial Law (5)
- Articles (3)
- Articles in Law Reviews & Other Academic Journals (3)
- Faculty Scholarship (3)
- Scholarly Articles (3)
-
- All Faculty Scholarship (2)
- Articles & Chapters (2)
- Faculty Articles (2)
- Faculty Publications (2)
- Articles by Maurer Faculty (1)
- Buffalo Environmental Law Journal (1)
- Buffalo Journal of International Law (1)
- Cynthia C. Lichtenstein (1)
- Economics Faculty Articles and Research (1)
- Faculty Journal Articles and Book Chapters (1)
- Gaston Mirkin (1)
- Kentucky Law Journal (1)
- LLM Theses and Essays (1)
- Michigan Journal of International Law (1)
- Michigan Law Review (1)
- Other Publications (1)
- Patricia A. McCoy (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- Vincent D. Rougeau (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 43
Full-Text Articles in Law
Lending Discrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Keith N. Hylton, Vincent D. Rougeau
Lending Discrimination: Economic Theory, Econometric Evidence, And The Community Reinvestment Act, Keith N. Hylton, Vincent D. Rougeau
Faculty Scholarship
Although it has been settled law for almost two decades, there has been a heightened interest in the Community Reinvestment Act (CRA) over the last several years. One factor driving this interest is the continuing economic decline of the inner cities and the consequent widening of the wealth gap between cities and surrounding suburbs in many areas of the country. A second factor is the consolidation of the banking industry, which has encouraged expansion-oriented banks to improve their CRA ratings to gain the approval of regulators. A recent effort to enhance enforcement of the statute, in part the result of …
Lender Liability Under Cercla: Options For Lenders Faced With Potential Liability, John Charles Bell
Lender Liability Under Cercla: Options For Lenders Faced With Potential Liability, John Charles Bell
Buffalo Environmental Law Journal
No abstract provided.
Calling Off The Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty, Lawrence A. Hamermesh
Calling Off The Lynch Mob: The Corporate Director's Fiduciary Disclosure Duty, Lawrence A. Hamermesh
Vanderbilt Law Review
Two parallel bodies of American law establish the obligations of corporate directors to disclose information about the corporation to its existing stockholders: (1) the Securities Exchange Act of 1934, and (2) state common law, including doctrines such as fraud and negligent misrepresentation. Although these state common law doctrines have been applied to transactions in corporate securities, their significance has been largely eclipsed by comprehensive federal regulation.
Of growing importance, however, is a state law duty that courts have created and imposed upon directors based upon their fiduciary relation to the corporation and its stockholders. In the last twenty years, this …
Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala
Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala
Faculty Publications
No abstract provided.
An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy
An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy
West Virginia Law Review
No abstract provided.
Gats And Financial Services: Redefining Borders, Jeffrey Simser
Gats And Financial Services: Redefining Borders, Jeffrey Simser
Buffalo Journal of International Law
No abstract provided.
Insider Trading, Gaston Mirkin
Are Credit-Card Late Fees "Interest"? Delineating The Preemptive Reach Of Section 85 Of The National Bank Act Of 1864 And Section 521 Of The Depositary Institutions Deregulation And Monetary Control Act Of 1980, Kevin G. Toh
Michigan Law Review
This Note argues that neither section 85 of the NBA nor section 521 of the DIDA preempts state consumer-credit-protection laws regulating late fees on credit-card transactions. Part I discusses the three approaches that the Supreme Court has devised and used over the years to determine when a federal law preempts state law: express preemption, implied preemption, and conflict preemption. Part II applies express preemption analysis and asserts that the ordinary meaning of DIDA section 521's express preemption language does not evince Congress's intent to preempt state prohibitions of late fees. Part III applies implied preemption analysis and argues that neither …
Treatment Of Interest Rate Swaps Under The Sec's Net Capital Rule: A Proposal For Change, Matthew Calhoun Frost
Treatment Of Interest Rate Swaps Under The Sec's Net Capital Rule: A Proposal For Change, Matthew Calhoun Frost
William & Mary Law Review
No abstract provided.
M&A In The Banking Industry: Legal Perspective, Fred B. White
M&A In The Banking Industry: Legal Perspective, Fred B. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
Michigan Journal of International Law
Review of International Finance: Transactions, Policy, and Regulations by Hals S. Scott and Philip A. Wellons
The Thrift Crisis And The Constitution, Stanley I. Langbein
The Thrift Crisis And The Constitution, Stanley I. Langbein
Articles
No abstract provided.
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.
See No Evil - The Role Of The Directed Trustee Under Erisa, Patricia W. Moore
See No Evil - The Role Of The Directed Trustee Under Erisa, Patricia W. Moore
Faculty Articles
Just before ERISA's passage, Congress added a provision allowing a sponsoring employer to use a "named fiduciary" – usually one or more of the employer's officers – to direct the trustee. In that case, the trustee is to "be subject to proper directions of such fiduciary which are made in accordance with the terms of the plan and which are not contrary to this Act." Such a trustee is commonly called a "directed trustee."
After ERISA became law, commentators immediately observed that section 403(a)(1) generated more questions than answers. For instance, is a directed trustee a "fiduciary" at all? Does …
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Rethinking The Role Of Recourse In The Sale Of Financial Assets, Steven L. Schwarcz, Peter V. Pantaleo
Faculty Scholarship
The presence of recourse in the sale of a financial asset is generally thought to jeopardize the "true sale" treatment of the sale, especially in the event of the seller's bankruptcy. This article examines the existing law and concludes that a transfer that qualifies as a sale under state law should be treated as a sale even if the buyer retains recourse to the seller, so long as recourse is limited to warranting that the asset will perform in accordance with its terms.
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
Faculty Scholarship
The huge increase in cross border capital flows over the last two decades has profoundly important implications for society in general and the law in particular. These flows give rise to a set of legal problems that are sufficiently distinct and coherent to constitute a legal field of their own. Confirming this observation is the development of a specialized legal practice whose members spend the bulk of their time working on such transactions. Nevertheless, a law school course in international finance is a rarity, even at the schools that train most of the students who ultimately join this practice.
The …
The Importance Of Being Honset - Lessons From An Era Of Large-Scale Financial Fraud, Anita Ramasastry, Thomas C. Baxter
The Importance Of Being Honset - Lessons From An Era Of Large-Scale Financial Fraud, Anita Ramasastry, Thomas C. Baxter
Articles
In recent years, we have seen a series of staggering losses sustained by large multinational banking organizations. The Daiwa Bank ("Daiwa"), Barings Bank ("Barings") and the Bank of Credit and Commerce International ("BCCI") are three prominent examples. Each of these institutions suffered losses in excess of $1 billion through unauthorized, fraudulent or unlawful conduct by management. In each of these institutions, there existed a key bank official who broke through what might be considered a billion dollar barrier. At Daiwa Bank's New York Branch, there was Toshihbe Iguchi, its Senior Vice President and bond trader. Barings Bank had Nick Leeson, …
Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender
Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender
Faculty Articles
Non-English-speaking consumers deserve the same protection as other consumers, and thus, this article advocates guarantees for their ability to strike informed bargains. To safeguard consumers most vulnerable to unfair and deceptive trade practices, this article contemplates a comprehensive strategy of reform that involves the legislatures, administrative agencies, and courts, as well as nonprofit organizations that advocate for language minorities and merchants themselves. Part I examines the growth in numbers of monolingual Latino/a consumers and documents their experience in the American marketplace. Part I also explores the shortcomings of existing remedies under the common law and consumer protection regulation when applied …
M&A: Survival Of The Fittest In The 21st Century: Strategic Positioning In The Banking And Communications Industries - M&A In The Banking Industry Investment Banking Perspective, Neil Mccarthy
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Corporate Restructuring & Spin-Offs, Michael Kliegman
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Corporate Restructuring & Spin-Offs, Michael Kliegman
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Should A Bank Acquire, Merge, Or Divest, Maureen S. Bateman
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Should A Bank Acquire, Merge, Or Divest, Maureen S. Bateman
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A Implications Of Telecommunications Act Of 1996, Jay L. Birnbaum
M&A Implications Of Telecommunications Act Of 1996, Jay L. Birnbaum
Fordham Journal of Corporate & Financial Law
No abstract provided.
Daiwa Bank Scandal In New York: Its Causes, Significance, And Lessons In The International Society, Mitsuru Misawa
Daiwa Bank Scandal In New York: Its Causes, Significance, And Lessons In The International Society, Mitsuru Misawa
Vanderbilt Journal of Transnational Law
The New York Daiwa Bank scandal, which involved Daiwa Bank's concealment of $1.1 billion in losses from the illegal funding of U.S. Treasury bonds and the diversion of another $100 million in losses incurred by Daiwa Bank Trust Company, resulted in the most severe economic penalties ever imposed by the United States against Japan. These penalties included the termination of Daiwa Bank's U.S. operations and the reinforcement of the increased rates at which Japanese banks can borrow U.S. currency--the "Japanese premium." In addition, the Daiwa Bank case substantiated an international distrust of Japanese financial institutions, which are closely aligned with …
A Test Case For The World Bank, Daniel D. Bradlow
A Test Case For The World Bank, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Effect Of Regulation On Banking: California 1879-1929, Lynne Doti, Richard Runyon
Effect Of Regulation On Banking: California 1879-1929, Lynne Doti, Richard Runyon
Economics Faculty Articles and Research
California had a virtually unregulated banking environment until the first comprehensive banking regulations were passed in 1905. These regulations, and subsequent changes in 1909, required reserves and paid-up capital. Several tests of commonly accepted measures of safety, such as bank reserves, paid-up capital, bank failures, and real estate loans that resulted in foreclosure, are compared for selected years before and after the regulations. Results do not clearly demonstrate that regulation enhanced the safety of individual banks, but do support the conclusion that regulation enhanced the safety of the banking system as a whole.
International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala
International Payments And Five Foundations Of Wire-Transfer Law, Raj Bhala
Faculty Publications
No abstract provided.
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
A Call For International Legal Standards For Emerging Retail Electronic Payment Systems, Sarah Jane Hughes
A Call For International Legal Standards For Emerging Retail Electronic Payment Systems, Sarah Jane Hughes
Articles by Maurer Faculty
No abstract provided.