Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Banks and banking (18)
- Consumer protection (9)
- Payday loans (8)
- Predatory lending -- Law & legislation (8)
- Credit (6)
-
- Mortgages (5)
- Dodd-Frank (4)
- SEC (4)
- Tender offers (4)
- Anti-retaliation (3)
- Asadi (3)
- Berman (3)
- Blue sky laws (3)
- Checks (3)
- Chevron (3)
- Finance (3)
- Hedge funds -- Law & legislation (3)
- Loans (3)
- Loans -- Law & legislation (3)
- Negotiable instruments (3)
- Securities (3)
- Somers (3)
- Student loans (3)
- Administrative law (2)
- Asset-backed financing (2)
- Bank holding companies (2)
- Bankruptcy (2)
- Bitcoin (2)
- Commodity exchanges (2)
- Corporate acquisitions and mergers (2)
- Publication Year
Articles 1 - 30 of 104
Full-Text Articles in Law
Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd
Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd
Washington and Lee Law Review
Influential scholars of corporate law have questioned previous federal interventions into corporate governance, calling it quackery. Invoking images of medical malpractice, these critiques have argued persuasively that Congress, in responding to crises, makes policy that disrupts efficient private rules and established state laws. This Article applies the Bootleggers and Baptists theory to show that Dodd–Frank’s hedge fund rules are more than just negligent or reckless, but designed to benefit special interests that compete with the hedge fund model. Those rules offer no solutions to any real or perceived risks arising from hedge fund investing, but might offer an advantage to …
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Washington and Lee Law Review
A trap for unsophisticated debtors, debt collectors often attempt to collect time-barred debts through written offers to settle those debts for a fraction of what is owed. Debtors typically respond to such offers in one of four ways. First, some debtors simply pay the offered settlement amount, usually 10%–40% of the total outstanding debt, thereby satisfying the debt in full. Second, those who wish to eliminate the debt but cannot pay the entire offered settlement amount will instead make a small payment, unwittingly reviving the statute of limitations on collections and making the entire debt judicially enforceable for several years …
Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett
Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Shaun M. Bennett
Washington and Lee Law Review
This Note addresses a circuit court split arising from a portion of the anti-retaliation provisions in the Dodd–Frank Wall Street Reform and Consumer Protection Act. Subsection 21F’s retaliation prohibitions apply to those employers whose employees make required or protected disclosures under the Sarbanes–Oxley Act of 2002 (SOX) or any other rule or regulation under the SEC’s jurisdiction. SOX provides anti -retaliation protections — similar to those available under Dodd–Frank — for employees of publicly traded companies who report misconduct. However, SOX expressly affords protections to those who provide information to “a Federal regulatory or law enforcement agency; any Member of …
Canons Of Construction For Dysfunctional Statutes: A Comment On Bennett, Paul G. Mahoney
Canons Of Construction For Dysfunctional Statutes: A Comment On Bennett, Paul G. Mahoney
Washington and Lee Law Review
No abstract provided.
Comment On Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Sarah C. Haan
Comment On Whistling Loud And Clear: Applying Chevron To Subsection 21f Of Dodd–Frank, Sarah C. Haan
Washington and Lee Law Review
No abstract provided.
The Debt-Equity Labyrinth: A Case For The New Section 385 Regulations, Alexander Lewitt
The Debt-Equity Labyrinth: A Case For The New Section 385 Regulations, Alexander Lewitt
Washington and Lee Law Review
No abstract provided.
If It Quacks Like A Duck: The Financial Industry Regulatory Authority And Federal Jurisdiction, Lesesne Phillips
If It Quacks Like A Duck: The Financial Industry Regulatory Authority And Federal Jurisdiction, Lesesne Phillips
Washington and Lee Law Review
No abstract provided.
Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway
Getting Specific About The Policy And Tools Of Securities Regulation: A Limited Response To Diversifying To Mitigate Risk: Can Dodd–Frank Section 342 Help Stabilize The Financial Sector?, Joan Macleod Heminway
Washington and Lee Law Review Online
No abstract provided.
Intrapreneurship, Darian M. Ibrahim
Intrapreneurship, Darian M. Ibrahim
Washington and Lee Law Review
This Article on “intrapreneurship” has several goals. First, it points out that while much of the legal literature on innovation is concerned with startups (entrepreneurship), the innovation that takes place inside our largest corporations (intrapreneurship) is substantial, important, and understudied. Second, the Article observes that while large technology corporations that used to be startups may remain intrapreneurial in culture, intrapreneurship is less common in the aggregate than we might expect. Reasons include organizational bureaucracy, laws favoring entrepreneurship, and what Clayton Christensen (Harvard Business School) calls “the innovator’s dilemma.” The innovator’s dilemma is, put simply, that good management causes large corporations …
Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University Of California - Berkeley
Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University Of California - Berkeley
Washington and Lee Law Review
In their efforts to hold financial institutions accountable after the 2007 financial crisis, U.S. regulators have repeatedly turned to anti-money-laundering laws. Initially designed to fight drug cartels and terrorists, these laws have recently yielded billion-dollar fines for all types of bank engagement in fraud and have spurred an overhaul of financial institutions’ internal compliance. This increased reliance on anti-money-laundering laws, we argue, is due to distinct features that can better help regulators gain insights into financial fraud. Most other financial laws enlist private firms as gatekeepers and hold them liable if they knowingly or negligently engage in client fraud. Yet, …
Local Government Finance As Integrated System: The Uneasy Case For Using Special Districts In Real Estate Finance (A Response To Odinet’S Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance), Darien Shanske
Washington and Lee Law Review Online
Local governments have long used special financing districts to build infrastructure. If a local project, say building a pocket park, is likely to increase the values of properties very close to the park, then why should those properties not pay for the park in the first place? Though efficient and fair in many cases, the use of these districts can also be problematic. For instance, it seems likely that wealthier residents, with higher property values to leverage, are especially likely to use these districts effectively. It has also been the case that developers have used these districts speculatively, which had …
Response To Christopher Odinet, Super- Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Peter W. Salsich Jr.
Response To Christopher Odinet, Super- Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Peter W. Salsich Jr.
Washington and Lee Law Review Online
No abstract provided.
Living In A Material World: Defining “Materiality” In The Municipal Bond Market And Rule 15c2–12, Charlotte W. Rhodes
Living In A Material World: Defining “Materiality” In The Municipal Bond Market And Rule 15c2–12, Charlotte W. Rhodes
Washington and Lee Law Review
No abstract provided.
Afterword To The Aig Bailout, William K. Sjostrom Jr.
Afterword To The Aig Bailout, William K. Sjostrom Jr.
Washington and Lee Law Review
No abstract provided.
Did New York State Just Anoint Virtual Currencies By Proposing To Regulate Them, Or Will Regulation Spoil Them For Some?, Sarah Jane Hughes
Did New York State Just Anoint Virtual Currencies By Proposing To Regulate Them, Or Will Regulation Spoil Them For Some?, Sarah Jane Hughes
Washington and Lee Law Review Online
This Essay previews issues raised by the general subject of regulating virtual currencies and the specific efforts of New York State’s Department of Financial Services’ proposed Virtual Currency Regulatory Framework (the BitLicense) in particular. It focuses on five topics in the proposal and their interplay with the current regulation of “money services” and “money transmission” in other states, using the Commonwealth of Virginia and the State of Washington approaches on a few common topics for comparison purposes. It also asks whether regulation of virtual currencies is likely to cause more widespread adoption of virtual currencies or to frustrate the proponents …
Smart Contracts, Bitcoin Bots, And Consumer Protection, Joshua A.T. Fairfield
Smart Contracts, Bitcoin Bots, And Consumer Protection, Joshua A.T. Fairfield
Washington and Lee Law Review Online
Trustless public ledgers (“TPLs”)—the technology underneath Bitcoin—do more than just create online money. The technology permits people to directly exchange money for what they want, with no intermediaries, such as credit card companies. Contract law is the law of bargained-for exchange, so a technology that enables direct exchange online will change the reality of online contracting. The current problem with consumer contracting online is that courts and companies have collaborated to create an online system in which consumers cannot bargain. Under the current regime, consumers have no choice but to click the “I Accept” button. Online, contract law is not …
Digital Value Transfer Systems, Edward Castronova
Digital Value Transfer Systems, Edward Castronova
Washington and Lee Law Review Online
A “digital value transfer system” (DVT) is a computer program that moves purchasing power from one person to another by exchanging different forms of virtual currency. In this Essay, I will give examples of DVTs and explain how they work. Then I will use the economic theory of budgets to explain how DVTs increase the liquidity and reach of all forms of virtual money. In effect, DVTs make all forms of currency, from dollars to frequent-flyer miles, essentially equivalent in terms of purchasing power. I conclude with a brief discussion of the possible implications of DVTs for the economy and …
Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder
Avoiding The Nuclear Option: Balancing Borrower And Lender Rights Under The Truth In Lending Act’S Right Of Rescission , Jonathan L. Caulder
Washington and Lee Law Review
No abstract provided.
Friend This: Why Those Damaged During The Facebook Ipo Will Recover (Almost) Nothing From Nasdaq, Thomas L. Short
Friend This: Why Those Damaged During The Facebook Ipo Will Recover (Almost) Nothing From Nasdaq, Thomas L. Short
Washington and Lee Law Review
No abstract provided.
Is Hedge Fund Adviser Registration Necessary To Accomplish The Goals Of The Dodd–Frank Act’S Title Iv?, Luther R. Ashworth Ii
Is Hedge Fund Adviser Registration Necessary To Accomplish The Goals Of The Dodd–Frank Act’S Title Iv?, Luther R. Ashworth Ii
Washington and Lee Law Review
No abstract provided.
Risk-Based Student Loans , Michael Simkovic
Risk-Based Student Loans , Michael Simkovic
Washington and Lee Law Review
No abstract provided.
Review: Is Hedge Fund Registration Necessary? , J. W. Verret
Review: Is Hedge Fund Registration Necessary? , J. W. Verret
Washington and Lee Law Review
No abstract provided.
Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson
Why Register Hedge Fund Advisers—A Comment, Lyman P.Q. Johnson
Washington and Lee Law Review
No abstract provided.
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 …
Credit On Wheels: The Law And Business Of Auto-Title Lending, Jim Hawkins
Credit On Wheels: The Law And Business Of Auto-Title Lending, Jim Hawkins
Washington and Lee Law Review
Despite the fact that they are used by millions of Americans, auto-title loans have received little attention in the legal literature about consumer credit. Friends and foes of title lending make confident statements about their net welfare effects, but we still lack empirical data on many of the central policy questions that title lending raises. This Article offers new evidence about the title lending transaction, paying special attention to the risks borrowers face when they use their vehicles as collateral for the loan. I gathered this evidence by obtaining new reports from state regulators about the title lending industry, examining …
Credit And Human Welfare: Lessons From Microcredit In Developing Nations, Alan M. White
Credit And Human Welfare: Lessons From Microcredit In Developing Nations, Alan M. White
Washington and Lee Law Review
Deregulation of usury laws, in the United States and in developing nations, has permitted various forms of small loans to be made to the poor and the working class, sometimes at very high prices. In the case of credit, more is not always better. A human development approach to evaluating the welfare impacts of credit products for the poor asks these questions: does a credit product or program increase income or consumption, achieve savings through investment in capital goods, or smooth consumption and avert crises, all at a reasonable cost? Or does the credit on balance redistribute income away from …
Regulating Online Peer-To-Peer Lending In The Aftermath Of Dodd–Frank: In Search Of An Evolving Regulatory Regime For An Evolving Industry, Eric C. Chaffee, Geoffrey C. Rapp
Regulating Online Peer-To-Peer Lending In The Aftermath Of Dodd–Frank: In Search Of An Evolving Regulatory Regime For An Evolving Industry, Eric C. Chaffee, Geoffrey C. Rapp
Washington and Lee Law Review
The 2010 Dodd–Frank Wall Street Reform and Consumer Protection Act called for a government study of the regulatory options for on-line Peer-to-Peer lending. On-line P2P sites, most notably for-profit sites Prosper.com and LendingClub.com, offer individual “investors” the chance to lend funds to individual “borrowers.” The sites promise lower interest rates for borrowers and high rates of return for investors. In addition to the media attention such sites have generated, they also raise significant regulatory concerns on both the state and federal level. The Government Accountability Office report produced in response to the Dodd–Frank Act failed to make a strong recommendation …
The Damage Of Debt, Katherine Porter
The Damage Of Debt, Katherine Porter
Washington and Lee Law Review
No abstract provided.
After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann
After The Great Recession: Regulating Financial Services For Low- And Middle-Income Communities, Ronald J. Mann
Washington and Lee Law Review
No abstract provided.
“Warning: Predatory Lender”—A Proposal For Candid Predatory Small Loan Ordinances, Christopher L. Peterson
“Warning: Predatory Lender”—A Proposal For Candid Predatory Small Loan Ordinances, Christopher L. Peterson
Washington and Lee Law Review
Over a hundred different local governments around the country have adopted ordinances restricting small, high-cost loans. This trend reflects the solid majority of the American public that opposes the legality of triple-digit interest rate loans and the long historical tradition of treating payday and car-title lending as a serious civil offense or even a crime. Nevertheless, perhaps owing to limits on municipal power, local payday lending law has generated relatively little scholarship or commentary. This paper describes the existing local law governing small, high-cost consumer loans and proposes a more emphatic ordinance that better reflects the policy judgment of many …