Law Commons^™

Testing The Limits Of Savings And Loan Tax-Free Mergers, Patricia D. White

Articles

No abstract provided.

An Analysis Of New York's Proposed Multiple-Party Bank Account Law, Virginia C. Mceldowney

Buffalo Law Review

No abstract provided.

Bank's Right Of Setoff In Virginia

Washington and Lee Law Review

No abstract provided.

Regulation Of Bank Securities Activities

Washington and Lee Law Review

No abstract provided.

Legal Models For The International Regulation Of Exchange Rates, Joseph Gold

Michigan Law Review

No legal scholar has contributed more to the study of the harmonization of national interests by international agreement than Professor Eric Stein. This essay in his honor examines some of the efforts that have been made since the Bretton Woods Conference of July 1944 to bring order into the important international relationships that are called exchange rates. The subject has a further pertinence because of Eric Stein's work on the European Community. The law of the Community on exchange rates has been affected by the fortunes of the law of the International Monetary Fund (IMF). The Treaty of Rome relied …

The Functions Of Consumer Reporting Agencies Under The Fair Credit Reporting Act—Bryant V. Trw, Inc., 689 F.2d 72 (6th Cir. 1982), Barbara C. Sherland

Washington Law Review

This Note first reviews the purpose and function of a consumer reporting agency and discusses the provisions of the FCRA that pertain to consumer reporting agencies and judicial interpretations of those provisions. It then analyzes the Bryant decision in light of the policies behind the FCRA and criticizes the effect of the FCRA in sheltering reporting creditors. This Note concludes that the Bryant decision should be read narrowly to reflect the true spirit of the FCRA. Consumer reporting agencies must be permitted to function as mere conduits of information without incurring liability for inaccuracies over which they have no control. …

Public Hearing On Banks And Savings And Loan Associations: Service Charges, Senate Committee On Banking And Commerce

California Senate

No abstract provided.

A Labor View Of Industrial Policy, Henry B. Schechter

Michigan Journal of International Law

This article discusses the following topics: secular economic decline, factors in the loss of U.S. competitive position, foreign industrial policies, a labor-endorsed legislative proposal for an industrial policy, and supplementary measures that are required for a successful industrial policy.

The Change In Bank Control Act Of 1978: Does It Give Rise To A Private Cause Of Action?, Kenneth L. Betts

Kentucky Law Journal

No abstract provided.

Fraud In The International Transaction: Enjoining Payment Of Letters Of Credit In International Transactions, Stephen J. Leacock

Vanderbilt Journal of Transnational Law

The Sztejn principles present to issuing banks a perplexing dilemma in international letter of credit transactions. Issuing banks that have received notice of fraud in the underlying transaction may yet be presented with documents that apparently conform to the letter of credit requirements by a seller who is not a holder in due course. If the bank refuses payment and a court determines that the fraud was not sufficiently egregious, the bank will be liable for breach of contract between the bank and the seller. But if the bank relies on the doctrine of separation and pays the draft, and …

Recent Development: New Limits On Banks Lending To Foreign Nations, Charles S. Sanger

Vanderbilt Journal of Transnational Law

Although not directly tied to the foreign debt problem, the recent loss of congressional confidence in United States bank regulatory agencies caused by the failure of the Continental Illinois Bank may also compel reevaluation of the Act. The purported failure of the regulators to discover the extent of Continental Illinois' imprudent loans has led several legislators and regulators to call for greater supervision of lending institutions.

This Recent Development will briefly examine the International Lending Supervision Act of 1983, including the regulatory scheme that predated the Act and the restrictions the Act places on the private banking industry in the …

Recent Decisions, Lucy C. Gratz, Laurel C. Williams

Vanderbilt Journal of Transnational Law

Arbitration--Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).

Comment

The instant decision marks the first time a court has considered whether to apply the United States domestic policy of preserving antitrust issues for judicial determination to an international contract containing a mandatory arbitration clause. The First Circuit's decision to apply domestic policy undermines the preeminent goal of the Convention, which is to encourage arbitration …

Book Review, Robert C. Effros

Vanderbilt Journal of Transnational Law

Mr. Crossick and Ms. Lindsay have collaborated to produce an analytical work entitled European Banking Law. The analysis is composed of four main sections: banking, credit, capital movement, and securities. Each section contains a description of the applicable major laws and regulations in the countries of the European Economic Community (EEC) as well as Portugal and Spain, and includes a summary of the relevant EEC directives and their supporting studies. On the whole, the authors' product is successful and useful, particularly in describing the EEC's attempts to accomplish the difficult task of harmonizing and coordinating banking and financial laws within …

Recent Decisions, Lucy C. Gratz, Laurel C. Williams

Vanderbilt Journal of Transnational Law

Arbitration Transnational Antitrust Claims are Nonarbitrable under the Federal Arbitration Act and Article II (1) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards--Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 723 F.2d 155 (1st Cir.1983), cert. granted, 105 S. Ct. 291 (1984).

Lucy C. Gratz

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International Banking--The International Banking Act of 1978 Limits the States' Ability to Regulate Foreign Bank Entry, "Conference of State Bank Supervisors v. Conover," 715 F.2d 604 (D.C. Cir. 1983), cert. denied, 104 S. Ct. 1708 (1984).

Laurel Comstock Williams

Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.

Michigan Journal of International Law

This article argues that the various forms of industrial policy currently being proposed are inappropriate for the United States (U.S.). They would fail not only on economic grounds, but on political grounds as well. The article outlines the appropriate role for government in the economy.

The Deductibility Of Bank Branching Expenditures: Central Texas Savings & Loan Association V. United States: A Weak Rebuttal To Ncnb Corp. V. United States, David Fields Webb

University of Richmond Law Review

In North Carolina National Bank Corp. v. United States, the Court of Appeals for the Fourth Circuit held that certain expenditures incurred by a national bank in connection with, yet prior to, the opening of branch offices were deductible under I.R.C. section 162 as ordinary business expenses. In Central Texas Savings & Loan Association v. UnitedStates, the Court of Appeals for the Fifth Circuit held that similar costs incurred by a savings and loan institution in its branching activities were capital rather than ordinary in nature, and could not be deducted under section 162.

Book Reviews, Whitney Debevoise, Roger S. Clark

Vanderbilt Journal of Transnational Law

The Fund Agreement in the Courts: Volume II By Joseph Gold Washington, D.C.: International Monetary Fund, 1982. pp.xii, 499.

Reviewed by Whitney Debevoise

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Transnational Legal Problems of Refugees 1982 Michigan Yearbook of International Legal Studies New York: Clark Boardman Co., 1982. Pp. xii, 646. $55.00.

Reviewed by Roger S. Clark

The Export-Import Bank Of The United States And South Africa: The Effects Of The Evans Amendment, Anthony N. Vance

Vanderbilt Journal of Transnational Law

The Evans Amendment is an example of legislation that had the opposite effect of that which was congressionally intended. The Amendment was designed as a compromise to keep the Eximbank in South Africa, but its effect has been the termination of Eximbank activity in that country.

The United States exporters that expected to be hurt by the termination of Bank activity have apparently been largely unaffected because of the availability of other financing sources, particularly within South Africa. As a result, foreign competitors with uninterrupted financing support from their own governments have failed to make significant inroads into the business …

Book Received, Law Library Staff

Vanderbilt Journal of Transnational Law

Books Received

Aspects of the International Banking Safety Net

By G.G. Johnson, with Richard K. Abrams

Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00

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The Soviet Viewpoint

By Georgi Arbatov and Willem Oltmans

New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95

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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations

By Phillip I. Blumberg

Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00

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Iraq & Iran: Roots of Conflict

By Tareq Y. Ismael

Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …

Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita

West Virginia Law Review

No abstract provided.

Courtroom Closure During Suppression Hearings And More, Randolph N. Jonakait

Other Publications

No abstract provided.

The Justice Department Merger Guidelines: Impact On Horizontal Mergers Between Commercial Banks, Marc W. Joseph, Timothy W. Mountz

Kentucky Law Journal

No abstract provided.

Handling Re-Presented Checks--Risky Business For Collecting And Payor Banks, David J. Leibson

Kentucky Law Journal

No abstract provided.

Pleading And Practice In Commercial Paper Cases: Burdens Of Proof, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

Selected Tax Considerations In Bank Holding Company Formations: Charting A Course Through The Section 304/351 Labyrinth, Stewart E. Conner, Kevin J. Hable

Kentucky Law Journal

No abstract provided.

Liability And Responsibility Of Bank Directors: Being Alert To Troubled Times, Lawrence K. Banks, Paula S. Hoskins

Kentucky Law Journal

No abstract provided.

Keeping Kentucky Banks Competitive In The Financial Industry: The Multibank Holding Company Statute, Cathy Franck

Kentucky Law Journal

No abstract provided.

Circumventing The Mcfadden Act: The Comptroller Of The Currency's Efforts To Broaden The Branching Capabilities Of National Banks, David W. Regan

Kentucky Law Journal

No abstract provided.

Financial Institution Interlocks After The Bankamerica Case, Arthur H. Travers Jr.

Publications

No abstract provided.

The Mechanisms Of Market Efficiency, Ronald J. Gilson

Faculty Scholarship

Of all recent developments in financial economics, the efficient capital market hypothesis ("ECMH") has achieved the widest acceptance by the legal culture. It now commonly informs the academic literature on a variety of topics; it is addressed by major law school casebooks and textbooks on business law; it structures debate over the future of securities regulation both within and without the Securities and Exchange Commission; it has served as the intellectual premise for a major revision of the disclosure system administered by the Commission; and it has even begun to influence judicial decisions and the actual practice of law. In …