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Articles 91 - 120 of 120
Full-Text Articles in Law
Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney
Missing The Mark: Nasd Rule 2711 And Nyse Rule 472 Mistakenly Emphasize Disclosure Rather Than Amending The Pleading Requirements Of Pslra, James J. Barney
NYLS Law Review
No abstract provided.
Interpreting Indentures: How Disequilibrium Economics And Financial Asset Specificity Support Narrow Interpretation, Houman B. Shadab
Interpreting Indentures: How Disequilibrium Economics And Financial Asset Specificity Support Narrow Interpretation, Houman B. Shadab
Articles & Chapters
No abstract provided.
The Heartland Funds’ Receivership And Its Implications For Independent Mutual Fund Directors, Jeffrey J. Haas, Steven R. Howard
The Heartland Funds’ Receivership And Its Implications For Independent Mutual Fund Directors, Jeffrey J. Haas, Steven R. Howard
Articles & Chapters
No abstract provided.
Financial Modernization: The Effect Of The Repeal Of The Glass-Steagall Act On Consumers And Communities, Richard D. Marsico
Financial Modernization: The Effect Of The Repeal Of The Glass-Steagall Act On Consumers And Communities, Richard D. Marsico
Articles & Chapters
No abstract provided.
Arbitration Of Truth-In-Lending-Act Claims, Marshall E. Tracht
Arbitration Of Truth-In-Lending-Act Claims, Marshall E. Tracht
Articles & Chapters
In recent years, it has become increasingly common for lenders to include arbitration clauses in their consumer financing agreements. While federal law strongly supports the enforceability of arbitration provisions, there are a number of grounds on which their enforceability can be, and has been, challenged.
This article summarizes the state of the law on a number of major issues which have arisen in the attempt to use arbitration clauses in consumer financing agreements, focusing on Truth-in-Lending Act claims, including an analysis of the Supreme Court's recent decision in Green Tree Financial Corp. v. Randolph.
Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico
Enforcing The Community Reinvestment Act: An Advocate's Guide To Making The Cra Work For Communities, Richard D. Marsico
Articles & Chapters
This guide to the Community Reinvestment Act (CRA) is designed to provide community advocates with the basic information and skills they need to challenge bank redlining and promote economic development in their neighborhoods. The Guide includes four sections: the legal structure of the CRA; important information about banks and how to get it; analyzing a bank's CRA records, and participating in the CRA enforcement process.
Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico
Patterns Of Lending To Low-Income And Minority Persons And Neighborhoods: The 1999 New York Metropolitan Area Lending Scorecard, Richard D. Marsico
Articles & Chapters
This paper analyzes home mortgage lending patterns in the New York Metropolitan Area. It examines lending to four particular underserved populations: minority persons, predominantly minority neighborhoods; low-income persons; and low-income neighborhoods. The paper compares lending to these populations to lending to control groups and over time in order to evaluate whether the needs of the underserved populations are being met. The paper also analyzes the records of individual lenders at meeting the credit needs of those four populations and ranks the lenders accordingly. The paper also analyzes trends in subprime lending to these four populations.
The New Consumer Financial Privacy Regulations: Balancing The Interests Of Consumers And Industry, Dolores S. Smith, James H. Mann
The New Consumer Financial Privacy Regulations: Balancing The Interests Of Consumers And Industry, Dolores S. Smith, James H. Mann
NYLS Journal of Human Rights
No abstract provided.
New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico
New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico
Articles & Chapters
No abstract provided.
The Gramm-Leach-Bliley Act: Overview Of The Key Provisions; Presentation Before The State Of New York Banking Department, David L. Glass
The Gramm-Leach-Bliley Act: Overview Of The Key Provisions; Presentation Before The State Of New York Banking Department, David L. Glass
NYLS Journal of Human Rights
No abstract provided.
Financial Modernization: What's In It For Communities?, Lawrence J. White
Financial Modernization: What's In It For Communities?, Lawrence J. White
NYLS Journal of Human Rights
No abstract provided.
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman
Articles & Chapters
This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …
Will Exploding Guaranties Bomb?, Marshall E. Tracht
Will Exploding Guaranties Bomb?, Marshall E. Tracht
Articles & Chapters
Springing and exploding guaranties - insider guaranties that will become due ifand when a borrower files for bankruptcy - have become popular as "bankruptcy-proofing" devices, yet there is little case law or literature on their enforceability. This article reviews the limited existing law on these bankruptcy-contingent guaranties and examines some of the arguments against their enforceabiltiy that can be expected to be made in the future.
Commodities Rulings Appealable To Circuit (New York Law Journal), Daniel Wise
Commodities Rulings Appealable To Circuit (New York Law Journal), Daniel Wise
News Articles
No abstract provided.
Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico
Shedding Some Light On Lending: The Effect Of Expanded Disclosure Laws On Home Mortgage Marketing, Lending And Discrimination In The New York Metropolitan Area, Richard D. Marsico
Articles & Chapters
No abstract provided.
Corporate Democracy -- Not Such A Radical Idea, Carlin Meyer
Corporate Democracy -- Not Such A Radical Idea, Carlin Meyer
Other Publications
No abstract provided.
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Directorial Fiduciary Duties In A Tracking Stock Equity Structure: The Need For A Duty Of Fairness, Jeffrey J. Haas
Articles & Chapters
No abstract provided.
The New Community Reinvestment Act Regulations: An Attempt To Implement Performance-Based Standards, Richard D. Marsico
The New Community Reinvestment Act Regulations: An Attempt To Implement Performance-Based Standards, Richard D. Marsico
Articles & Chapters
On May 4, 1995, the federal banking regulatory agencies published new Community Reinvestment Act (CRA) regulations.' This culminated a process that began nearly two years earlier, in July 1993, when President Clinton called on the agencies to reform the CRA enforcement regime. The goal was to institute a regulatory scheme that emphasized lending performance over process, that was more objective and less subject to arbitrary interpretation, and that reduced unnecessary paperwork.2 With this presidential mandate, the agencies commenced a 21-month odyssey that included seven hearings around the country with more than 250 witnesses, two sets of proposed revisions to the …
Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico
Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico
Articles & Chapters
No abstract provided.
Fighting Poverty Through Community Empowerment And Economic Development: The Role Of The Community Reinvestment And Home Mortgage Disclosure Acts, Richard D. Marsico
Fighting Poverty Through Community Empowerment And Economic Development: The Role Of The Community Reinvestment And Home Mortgage Disclosure Acts, Richard D. Marsico
Articles & Chapters
No abstract provided.
A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico
A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico
Articles & Chapters
No abstract provided.
United States Litigation And Foreign Bank Secrecy: The Origins Of Conflict, Danforth Newcomb
United States Litigation And Foreign Bank Secrecy: The Origins Of Conflict, Danforth Newcomb
NYLS Journal of International and Comparative Law
No abstract provided.
Comment, Insights Into Lender Liability: An Argument For Treating Controlling Creditors As Controlling Shareholders, Jeffrey J. Haas
Comment, Insights Into Lender Liability: An Argument For Treating Controlling Creditors As Controlling Shareholders, Jeffrey J. Haas
Articles & Chapters
No abstract provided.
Distributions In Kind In Corporate Liquidations: A Defense Of General Utilities, Richard C.E. Beck
Distributions In Kind In Corporate Liquidations: A Defense Of General Utilities, Richard C.E. Beck
Articles & Chapters
No abstract provided.
Courtroom Closure During Suppression Hearings And More, Randolph N. Jonakait
Courtroom Closure During Suppression Hearings And More, Randolph N. Jonakait
Other Publications
No abstract provided.
Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold
Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold
Articles & Chapters
No abstract provided.
Preparation Of Securities Act Registration Statements And Reports: Meeting The Obligation To Provide A Basis For Appraising The Prospective Impact Of Historical Financial Information, Lawrence Lederman
Articles & Chapters
No abstract provided.
Preparation Of Securities Act Registration Statements And Reports: Meeting The Obligation To Provide A Basis For Appraising The Prospective Impact Of Historical Financial Information, Lawrence Lederman
Articles & Chapters
No abstract provided.
Consumer Sensitivity To Interest Rates: An Empirical Study Of New-Car Buyers And Auto Loans, James J. White, Frank W. Munger
Consumer Sensitivity To Interest Rates: An Empirical Study Of New-Car Buyers And Auto Loans, James J. White, Frank W. Munger
Articles & Chapters
No abstract provided.
Ideas And Interests: Businessmen And The Interstate Commerce Act, Edward A. Purcell Jr.
Ideas And Interests: Businessmen And The Interstate Commerce Act, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.