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Articles 1 - 30 of 33
Full-Text Articles in Law
Revised Articles 3 And 4 Of The Uniform Commercial Code: A Friendly Critique, Daniel E. Murray
Revised Articles 3 And 4 Of The Uniform Commercial Code: A Friendly Critique, Daniel E. Murray
University of Miami Law Review
No abstract provided.
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
Fixing The Wheel: A Critical Analysis Of The Immigrant Investor Visa, Ronald R. Rose
San Diego Law Review
In 1990, Congress attempted to fill a long-standing void in the United States immigration laws by providing an updated immigrant investor visa codified as section 203(b)(5) of the Immigration and Nationality Act. The old, obsolete immigrant investor visa had only required a $40,000 investment. The new visa generally requires a $1,000,000 investment. The demand for this new higher priced version has, however, been exceedingly low. Although this immigrant investor visa category allows for 10,000 visa issuances per year, only 78 were issued in fiscal 1992 and no more than 500 are expected to be issued in fiscal 1993. This Article …
Federal Common Law And The Need For Uniformity In The Regulation Of Federal Savings And Loan Associations And Federal Credit Unions, Raquel Maria Prieguez
Federal Common Law And The Need For Uniformity In The Regulation Of Federal Savings And Loan Associations And Federal Credit Unions, Raquel Maria Prieguez
San Diego Law Review
Federal courts have authority to fashion federal common law in a few narrow instances. Through an examination of relevant precedent in the area of federal common law, this Comment identifies essential factors necessary for the fashioning of federal common law where the rights and duties of the United States are involved. It then applies the findings to the issue of whether state or federal law should govern in actions against officers and directors of federal savings and loan associations and federal credit unions for breach of fiduciary duties or breach of bylaws. This Comment also finds that some federal courts …
Nondeposit Deposits And The Future Of Bank Regulation, Jonathan R. Macey, Geoffrey P. Miller
Nondeposit Deposits And The Future Of Bank Regulation, Jonathan R. Macey, Geoffrey P. Miller
Michigan Law Review
We argue in this paper that the nation has already entered with a vengeance into the era of nondeposit deposit banking. The traditional bank deposit against which reserves must be held and deposit insurance paid is suffering encroachment from a wide variety of competitive instruments and arrangements, all of which, to one degree or another - often to a substantial degree - serve a function economically similar to that of the checking account at a depository institution.
The legal system may respond to these developments by attempting to bring nondeposit deposits under regulation, as it has done with other banking …
Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan
Comparative Negligence Under The Code: Protecting Negligent Banks Against Negligent Customers, Julianna J. Zekan
University of Michigan Journal of Law Reform
This Article will examine modern banking practices with respect to processing checks and the effect of technology on liability for forged or altered checks. Part I describes the magnetic ink character-recognition system. Part II discusses check truncation. Part III recounts the evolution of contract and tort theories of liability from traditional to modern bank practices. Part IV analyzes the new comparative negligence provisions. Part V investigates the standards of ordinary care. Part VI evaluates the respective duties of the banks and their customers in light of the provisions that reflect the banking industry's transformation from the Paper Age to the …
State Banking Department, M. Shepard
State Banking Department, M. Shepard
California Regulatory Law Reporter
No abstract provided.
Department Of Savings And Loan, S. Hilberg
Department Of Savings And Loan, S. Hilberg
California Regulatory Law Reporter
No abstract provided.
Overt And Covert Bailouts: Developing A Public Bailout Policy, Cheryl D. Block
Overt And Covert Bailouts: Developing A Public Bailout Policy, Cheryl D. Block
Indiana Law Journal
No abstract provided.
Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis
Michigan Law Review
This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part II …
State Banking Department, J. T. Whitely
State Banking Department, J. T. Whitely
California Regulatory Law Reporter
No abstract provided.
Department Of Savings And Loan, P. Harrelson
Department Of Savings And Loan, P. Harrelson
California Regulatory Law Reporter
No abstract provided.
International Monetary Law: The Next Twenty-Five Years, Richard W. Edwards, Jr.
International Monetary Law: The Next Twenty-Five Years, Richard W. Edwards, Jr.
Vanderbilt Journal of Transnational Law
In this Article, Professor Edwards considers possible developments in international monetary law over the next twenty-five years. The author begins by discussing some formative events for international monetary law throughout the last twenty-five years, and he notes that unforeseen political developments can have a dramatic effect on monetary policy, and, therefore; make predicting future policy risky. The author does suggest, however, some policy changes that respond to current issues such as the trend toward currency consolidation, the need to improve public confidence in monetary processes, the need to stabilize the currencies of the states of the former Soviet Union, and …
The Eagle Or The Ostrich: A United States Perspective On The Future Of Transnational Banking, Marilyn B. Cane
The Eagle Or The Ostrich: A United States Perspective On The Future Of Transnational Banking, Marilyn B. Cane
Vanderbilt Journal of Transnational Law
In this Article, Professor Cane discusses the problems of United States banking regulations in the new global financial system. These problems include antiquated legislation, the deposit insurance system, the dual federal-state banking system, and restrictive branching laws. Part II discusses the current deposit insurance system and options for reform. Part III poses the question of whether the United States should have "national" treatment or "reciprocal national" treatment for financial institutions. Part IV discusses the limitations the United States has put on its financial institutions and the disadvantage these limitations have caused globally. Finally, in Part V, Professor Cane discusses a …
Life In The Boardroom After Firrea: A Revisionist Approach To Corporate Governance In Insured Depository Institutions, Mark David Wallace
Life In The Boardroom After Firrea: A Revisionist Approach To Corporate Governance In Insured Depository Institutions, Mark David Wallace
University of Miami Law Review
No abstract provided.
State Regulation Of Broker-Customer Pre-Dispute Arbitration Agreements, Gerald A. Madek
State Regulation Of Broker-Customer Pre-Dispute Arbitration Agreements, Gerald A. Madek
North Carolina Central Law Review
No abstract provided.
Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr
Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr
BYU Law Review
No abstract provided.
The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd
The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd
Michigan Law Review
This Note argues that FIRREA's gross negligence standard implements a minimum federal requirement that preempts state law only to the extent state law provides a more relaxed criterion. Part I examines the plain meaning of the statute and concludes that FIRREA preempts state law only to the extent the state law standard of care is lower than gross negligence. Part II scrutinizes FIRREA's legislative history and demonstrates that Congress did not intend to prevent states from imposing more stringent standards of liability. Part III analyzes the policies behind FIRREA and argues that the statute's purposes are best served by allowing …
State Banking Department, J. P. Junge Ii
State Banking Department, J. P. Junge Ii
California Regulatory Law Reporter
No abstract provided.
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Michigan Journal of International Law
This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …
Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford
Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford
Penn State International Law Review
No abstract provided.
Thinking The Unthinkable: What Should Commercial Banks Or Their Holding Companies Be Allowed To Own?, Cynthia C. Lichtenstein
Thinking The Unthinkable: What Should Commercial Banks Or Their Holding Companies Be Allowed To Own?, Cynthia C. Lichtenstein
Indiana Law Journal
Symposium: The Financial Services Industry: A New World (Dis)Order?
Competition And Convenience: The Emerging Role Of Community Reinvestment, Michael E. Schrader
Competition And Convenience: The Emerging Role Of Community Reinvestment, Michael E. Schrader
Indiana Law Journal
Symposium: The Financial Services Industry: A New World (Dis)Order?
The Lifeline Banking Controversy: Putting Deregulation To Work For The Low-Income Consumer, Edward L. Rubin
The Lifeline Banking Controversy: Putting Deregulation To Work For The Low-Income Consumer, Edward L. Rubin
Indiana Law Journal
Symposium: The Financial Services Industry: A New World (Dis)Order?
Department Of Savings And Loan, P. Harrelson
Department Of Savings And Loan, P. Harrelson
California Regulatory Law Reporter
No abstract provided.
Foreword: The Financial Services Industry: A New World (Dis)Order? Symposium, Kellye Y. Testy
Foreword: The Financial Services Industry: A New World (Dis)Order? Symposium, Kellye Y. Testy
Indiana Law Journal
Symposium: The Financial Services Industry: A New World (Dis)Order?
Policing Money Laundering Through Fund Transfers: A Critique Of Regulation Under The Bank Secrecy Act, Sarah Jane Hughes
Policing Money Laundering Through Fund Transfers: A Critique Of Regulation Under The Bank Secrecy Act, Sarah Jane Hughes
Indiana Law Journal
Symposium: The Financial Services Industry: A New World (Dis)Order?
Ethical Issues In Representing Thrifts, Michelle D. Monse
Ethical Issues In Representing Thrifts, Michelle D. Monse
Buffalo Law Review
No abstract provided.
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
University of Richmond Law Review
Two years ago one of the authors published an article surveying the tax ramifications of prepaid college tuition plans, with a focus on the Michigan plan - the Michigan Education Trust ("MET"). That article took a generally positive view of such plans in general and of MET in particular. It discussed three basic themes: 1) the uncertainty of existing tax law with respect to prepaid tuition plans requires clarifying congressional legislation; 2) the position of the Internal Revenue Service ("Service") with respect to prepaid tuition plans, as enunciated in a private letter ruling addressed to MET, is flawed; and 3) …
Section 2-102 Of The West Virginia Consumer Credit And Protection Act And Assignee Liability: The Triangle Of Consumers, Dealers, And Lenders Has Come Full Circle, Dana F. Eddy
West Virginia Law Review
No abstract provided.