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Banking and Finance Law

Selected Works

2005

Articles 1 - 8 of 8

Full-Text Articles in Law

Check Substitution: The Payment Processors' Perspective, Christian Johnson, Peter Soraparu Sep 2005

Check Substitution: The Payment Processors' Perspective, Christian Johnson, Peter Soraparu

Christian A. Johnson

The fifth and concluding panel of the Federal Reserve Bank of Chicago's 2005 Payments Conference brought together payment processors to discuss check substitution by payors and the elimination of the physical check in the clearance and settlement process. Although the panelists agreed that while check usage is decreasing, they generally concluded checks will still remain an important part of the payment system in the foreseeable future. The panelists focused on how innovations, incentives and regulation are influencing check substitution and improvements to check processing.

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Advertisements Misrepresentation And Remedies, Narsimha Rao A.V Aug 2005

Advertisements Misrepresentation And Remedies, Narsimha Rao A.V

Dr. A.V Narsimha Rao

Advertisements, with their effective designs and statements, influence people in their decision-making. With the exaggerated information, advertisments mislead and dissatisfy the consumer, who in turn becomes a bad advertiser. Due to this, the advertisers face embarrassing situations and pay a heavy price for their mistake. So it is essential to formulate a policy for advertising and make sure they work within the legal framework and in accordance with the codes created for the purpose of maintaining advertisement standards.

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Distinguishing Swaps From Futures: A Regulatory History, Christian Johnson Apr 2005

Distinguishing Swaps From Futures: A Regulatory History, Christian Johnson

Christian A. Johnson

Over 20 years since the first official over-the-counter derivative trade went public between IBM and the World Bank, the divide between the OTC and exchange-traded derivatives industries is as wide as ever. Although many firms trade both types, the individual participants in those shops still tend to think of themselves as either a swaps or a futures person. Such division can best be understood by appreciating the regulatory battle in the U.S. over swap regulation. Although much of that battle ended in 2000 with the passage of the Commodity Futures Modernization Act, defining differences continue to distinguish the two industries.

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The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel Jan 2005

The Seller's Right To Cure A Failure To Perform In International Sales, Jonathan Yovel

Jonathan Yovel

The right of a defaulting party to cure a non-performance under the condition that such cure does not create any – or at least any excessive – hardship for the aggrieved party, correlated by the aggrieved party’s obligation to receive such curative performance, has emerged as the single most innovative contribution of the Uniform Commercial Code to sales law in general. However, in comparative perspective the cure doctrine is by no means universal nor uniform. This study offers a construction of the meaning of contractual cure and in particular its relation to the aggrieved party’s power to terminate the contract …

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E Pluribus Unum -- Out Of Many, One: Why The United States Needs A Single Financial Services Agency, Elizabeth F. Brown Jan 2005

E Pluribus Unum -- Out Of Many, One: Why The United States Needs A Single Financial Services Agency, Elizabeth F. Brown

Elizabeth F Brown

The United States needs to consolidate the over 115 existing state and federal agencies that regulate banking, securities and insurance firms and their products and services into a single, federal financial services agency; a U.S. Financial Services Agency (“US FSA”). The US FSA would be able to more effectively regulate the U.S. financial services industry than the existing regulatory regime. The current U.S. financial regulatory regime suffers from a range of problems, including an inability to anticipate and plan for future financial crises, an inability by regulators to quickly adapt to market innovations and developments, inconsistent regulations for financial products …

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A Guide To Using And Negotiating Otc Derivatives Documentation, Christian Johnson Dec 2004

A Guide To Using And Negotiating Otc Derivatives Documentation, Christian Johnson

Christian A. Johnson

Focuses on the ISDA Agreements and how to apply them in OTC derivatives transactions.

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Justice And The Administrative State: The Fdic And The Superior Bank Failure, Christian Johnson Dec 2004

Justice And The Administrative State: The Fdic And The Superior Bank Failure, Christian Johnson

Christian A. Johnson

This essay demonstrates through the Superior Bank failure how an administrative agency, the FDIC, can act without taking into account what is fair and just for all involved parties, instead maximizing its power or its economic recovery. The author argues that the FDIC lost sight of how it should have responded and not how it could have by giving preferential treatment to Superior's shareholders and attempting to sue the auditor Ernst & Young in contravention of Superior's contractual obligations. The FDIC's actions sublimated the fairness of the insolvency resolution process for the creditors of Superior and exposed Ernst & Young …

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A Behavioral Analysis Of Predatory Lending Dec 2004

A Behavioral Analysis Of Predatory Lending

Patricia A. McCoy

No abstract provided.

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