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Full-Text Articles in Law
Whither Truth In Lending?, Ralph J. Rohner
Recent Challenges To The Persistent Dual Banking System, Heidi Mandanis Schooner
Recent Challenges To The Persistent Dual Banking System, Heidi Mandanis Schooner
Scholarly Articles
This essay begins with a brief discussion of the history of the dual banking system in Part I. Part II reviews the justifications for, and criticisms of, the dual banking system. Part III details the recent challenges to the dual banking system. Part IV looks to the future of the dual banking system and concludes that Congress has chosen not to preempt entirely the states' authority despite the continued erosion of states' authority over safety and soundness issues. This leaves the states with a continuing opportunity to serve as laboratories of innovation in bank regulation. If the states seize this …
Who Determines When Enough Is Enough - Refocusing Regulatory Limitations On Banks’ Compensation Practices, Heidi Mandanis Schooner
Who Determines When Enough Is Enough - Refocusing Regulatory Limitations On Banks’ Compensation Practices, Heidi Mandanis Schooner
Scholarly Articles
This article examines the banking agencies' authority-both old and new-to regulate banks' compensation practices. The article considers whether the agencies' implementation of their statutory authority is appropriate. In evaluating the appropriateness of regulation in this area, the regulators' mandate to preserve the safety and soundness of banks is balanced against the banks' need to compete in an increasingly competitive marketplace.' 9 Also, the banking agencies' activities in this area are viewed against the backdrop of considerable legal and management scholarship addressing issues of compensation. Parts I, II and III of the article address the sources of the agencies' authority to …