Law Commons^™

Drawers:. Check For Missing Endorsements On Joint Payee Checks, Suzanne Loyd Cassidy

Mercer Law Review

In Trust Company Bank v. Atlanta IBM Employees Federal Credit Union, the Georgia Supreme Court held that a missing endorsement is equivalent to an unauthorized endorsement for purposes of Georgia Code Ann. section 109A-4-406(4)." This section limits a bank customer to a one year period in which to discover and report unauthorized endorsements on checks.

Correspondent Banking And Insider Loans After The Financial Institutions Regulatory And Interest Rate Control Act Of 1978

Washington and Lee Law Review

No abstract provided.

Revenue Bonds For Commercial Development In West Virginia: The Endorsement By The West Virginia Supreme Court Of Appeals, Steven F. White

West Virginia Law Review

No abstract provided.

Glass-Steagall: Some Critical Reflections, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Propriety Of Benefit-Spreading Regulations Under The 10% Lending Limit Of The National Bank Act, Michigan Law Review

Michigan Law Review

This Note examines whether the ten percent lending limit of the National Bank Act should be used to promote benefit-spreading. Section I evaluates the legislative and judicial history of the lending limit and concludes that Congress never intended the Comptroller to issue regulations to foster benefit-spreading. Section II examines the practical ramifications of the benefit-spreading regulations. It concludes that the lending limit cannot effectively foster benefit-spreading without undermining the risk-reducing function of the statute; that compliance with the benefit-spreading regulations is costly while the penalties for noncompliance are inappropriate and unfair; and that existing statutes better promote benefit-spreading while avoiding …

Diversification And Sophistication Of Banking Services And Exclusive Venue Privilege On A Collision Course, J. Michael Nifong

Florida State University Law Review

No abstract provided.

Banks And Banking–12 U.S.C. Section 85–The Broadened Power Of National Banks Regarding Interest Rates On Credit Card Transactions, Lucrecia Ann Henderson

University of Arkansas at Little Rock Law Review

No abstract provided.

A New Generation Of United States Savings Bonds--Series Ee And Hh, Paul S. Dalton

West Virginia Law Review

No abstract provided.

Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks: Part Ii, Ralph J. Rohner

Scholarly Articles

The first portion of this article reviewed the array of federal and state consumer protection laws affecting commercial banks and described the many areas of friction created by such multiple lawmaking. This half of the article addresses the question of how these various laws are enforced by the federal and state bank supervisory agencies and concludes with an evaluation of the many options for improving the overall regulatory and enforcement structure for consumer protection.

Tax-Exempt Mortgage Revenue Bonds: Another Case Of "Opiate Economics"?, Jan Brunken

Loyola University Chicago Law Journal

No abstract provided.

Pennsylvania Constitutional Law - Search And Seizure - Right To Privacy - Individual Banking Records, Jane E. L. Miller

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania Constitution protects an individual bank depositor's records from unauthorized police subpoenas when no legal proceedings have been instituted against the individual.

Commonwealth v. DeJohn, 403 A.2d 1283 (Pa. 1979)

Rifkin, A Documentary History, 2 Computer L.J. 471 (1980), Jay Becker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Establishment Of Foreign Bank Agencies And Branches In New York, Clifford D. Harmon

Vanderbilt Journal of Transnational Law

In recent years foreign banking associations have played an increasingly important role in the United States money market. While foreign banks have been operating in the United States since the 1870's, no substantial foreign banking existed in this country until the early 1970's. Since that time, however, there has been rapid expansion, and by 1978 there were 210 foreign bank facilities controlling $66 billion in assets in the United States. Most of this activity is confined to New York, Illinois, and California.

New York alone accounts for three quarters of all foreign bank assets in this country. Although this concentration …

Finance, Rules And The Indexation Of Brazilian Government Bonds, Mark J. Roe

Vanderbilt Journal of Transnational Law

In roughly a dozen years, Brazil has created a sophisticated multi-billion dollar system of public debt in the midst of an unpredictable inflationary financial climate. During this time the government bonds were initially all indexed against inflation; the obligations were automatically periodically adjusted in accordance with price index changes. However, as shall be seen, the indexation of the bonds was not necessarily the cause of the expansion of the market for public debt.

The legal-economic mechanism of Brazilian indexation is not widely understood in the United States. The method used to calculate the index that provides the basis for readjusting …

Usury Legislation - Its Effects On The Economy And A Proposal For Reform, Mark B. Riley

Vanderbilt Law Review

This Note examines both the original and current purposes of general usury ceilings and evaluates the success of the ceilings in achieving these purposes. In addition, the Note considers the impact of the present form of usury legislation on the economy of those states that have such ceilings and proposes a model usury statute that attempts to accomplish the social policy objectives of the current legislation while also minimizing detrimental and unintentional effects on the economy...

This Note suggests that the proposal outlined above would solve the majority of the problems created by the present statutory form. The proposal recognizes …

Multiple-Party Accounts: Does Virginia's New Law Correspond With The Expectations Of The Average Depositor?, Barbara M. Rose

University of Richmond Law Review

There are literally thousands of joint savings and checking accounts throughout Virginia in which the bank signature card provides that either party during their joint lives or the survivor may withdraw funds without limit from the account. The Virginia Supreme Court forthrightly recognized the problems of such accounts in the landmark case of King v. Merryman, stating, "For more than half a century, the courts of this country have struggled to discover whether a joing deposit bank account with an extended right of survivorship ...is a gift, a trust, a contract, or joint tenancy, or a testamentary disposition." In an …

Redemption Of Stock Under The Model Business Corporation Act And The Virginia Stock Corporation Act, Daniel T. Murphy

University of Richmond Law Review

The Model Business Corporation Act (hereinafter the "Model Act") has been in existence for more than twenty-five years, and has served as the paradigm for the revised corporation statutes of approximately twenty-five states, including Virginia. Despite its age, certain of its provisions have been infrequently applied and interpreted in judicial opinions. One such set of provisions is that dealing with a corporation's right to redeem shares of its stock. The purpose of this article is to analyze the Model Act's provisions regarding the redemption of shares; and to review, in contrast thereto, the relevant provisions of the Virginia stock corporation …

A Post-Santa Fe Blueprint For Courts In Rule 10b-5 - Actions For Breach Of Fiduciary Duty: Kidwell V. Meikle, Richard L. Sisisky

University of Richmond Law Review

Pursuant to the Securities Exchange Act of 1934, the Securities and Exchange Commission adopted SEC Rule 10b-5. Introduced without much fanfare in 1942, the Rule's potential effect was not then fully appreciated. There is no question that over the years the courts have interpreted the broad language of rule 10b-5 expansively, and while a great deal of the law governing securities matters is reflected in circuit court opinions, the Supreme Court has recently undertaken an active role in determining the scope of rule 10b-5. In the recent case of Santa Fe Industries, Inc. v. Green, the Supreme Court held that …

Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris

Faculty Scholarship

The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …

The Fordham Symposium On The Local Finance Project Of The Association Of The Bar Of The City Of New York: An Introductory Essay, Eugene W. Harper, Jr.

Fordham Urban Law Journal

This article is an introduction to the symposium held at Fordham Law School on March 24, 1979, focused on a report entitled "Proposals to Strengthen Local Finance Laws in New York State" published by The Committee on Municipal Affairs of the Association of the Bar of the City of New York. This article describes the report and its merits.

The Proposed Constitutional Amendments To The Local Finance Article: A Critical Analysis, Richard L. Sigal

Fordham Urban Law Journal

This paper examines the recent proposals of the Committee on Municipal Affairs of the Association of the Bar of the City of New York to amend Article VIII of the New York State Constitution. These amendments would modify the powers of local governments to raise and spend money. The paper considers philosophical, political and judicial theories of local finance, and summarizes the effects of the proposals, concluding that they have merit and should be explored.

Discussion, Edward M. Kresky

Fordham Urban Law Journal

This is an edited transcript of comments made after Mr. Sigal's paper, The Proposed Constitutional Amendments to the Local Finance Article: A Critical Analysis, was presented. They respond to the points made in the paper and also describe the speaker, Edward M. Kresky's, first hand experience with finance and city government.

Discussion, John C. Burton

Fordham Urban Law Journal

This is an edited transcript of remarks made by John C. Burton in response to Thomas S. Currier's paper "Mandating Disclosure in Municipal Securities Issues: Proposed New York Legislation." The remarks focus on the importance of the federal government in mandating disclosure.

Discussion, James L. Magavern

Fordham Urban Law Journal

This is a transcript of remarks given by James L. Magavern in response to Donald H. Elliot's paper "Proposed Fiscal Monitoring Legislation in New York: A Comparative Analysis." This discussion emphasizes the political nature of budgetary decisions and the speaker's concern that there is a more general need for financial integrity and accountability in government.

Local Finance: A Brief Constitutional History, Robert W. Cockren, Maria L. Vecchiotti, Donna M. Zerbo

Fordham Urban Law Journal

This Comment traces the constitutional history of local finance from the seventeeth century through the present. The authors conclude that the New York City Bar Association Committee on Municipal Affairs' report places the New York State Legislature at a crossroad in its history of dealing with local finances, and the well travelled path of patchwork amendment and politically expedient compromise is unacceptable for the future in light of New York City's recent fiscal problems. However, the authors recognize that the alternative may be politically dangerous to members of the legislature hiding from the challenge and may jeopardize the fiscal stability …

Banks And Banking - Bank May Finance The Involuntary Takeover Of One Of Its Borrowers And May, In Making Its Loan Decision, Rely On Confidential Information Received From The Takeover Target, John C. Sullivan

Villanova Law Review

No abstract provided.

Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier

Fordham Urban Law Journal

This article surveys the existing mechanisims (primarily stemming from federal law) resulting in financial disclosure in connection with the offering and sale to the public of securities of New York municipal issuers. It also describes and compares alternative models for regimes of municipal issuer financial disclosure, such as the MFOA Guidelines, the federal Williams Bill and Industrial Bond Act and New York's Disclosure Proposals. The article ultimately concludes that although the isolated purpose of protecting investors in a municipal securities market that is largely national could most effectively be pursued by the imposition of uniform disclosure requirements through federal law, …

Proposed Fiscal Monitoring Legislation In New York: A Comparative Analysis, Donald H. Elliot

Fordham Urban Law Journal

This article argues that the recent financial difficulties of New York City, Cleveland and other financially strapped municipalities demonstrate the need for the preparation and maintenance of balanced budgets and effective monitoring of local budget planning and administration. The article examines the City Bar Association Committee on Municipal Affairs' proposed revision of the existing debt limits, exclusion in the New York Constitution of a provision mandating localities to adopt and maintain balanceed budgets and the establishment of a state-operated fiscal monitoring system to supplant the traditional approach to budgetary control in light of the monitoring systems employed in Pennsylvania and …

The Constitutional Debt Limit And New York City, Nicholas P. Giuliano, Timothy J. Heine, Tammy Elaine Tuller

Fordham Urban Law Journal

This Comment describes how New York City abused both its short-term and long-term borrowing powers in response to its financial problems. The Comment concludes that New York City is guilty of fiscal practices that underscore the conclusion that constitutional debt ceilings are phantom regulations of municipal debt incurrence. The authors encourage thorough and decisive reform, and commend the Association of the Bar of the City of New York's proposed Local Finance Article.

Municipal Finance: Conflicts Of Interests And Their Effect On The Validity Of Municipal Bond Issues

Washington and Lee Law Review

No abstract provided.