Law Commons^™

Department Of Savings And Loan, P. Harrelson

California Regulatory Law Reporter

No abstract provided.

State Banking Department, J. P. Junge Ii

California Regulatory Law Reporter

No abstract provided.

Postdated Checks: An Old Problem With A New Solution In The Revised U.C.C., Vincene Verdun

University of Arkansas at Little Rock Law Review

No abstract provided.

Of Property Rights And The Fifth Amendment: Firrea's Cross-Guarantee Reexamined, Jennifer B. Arlin

William & Mary Law Review

No abstract provided.

State Banking Department, F. Simone

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, R. Kwiatkowski

California Regulatory Law Reporter

No abstract provided.

Is The Power Of The Rtc Unlimited? -- Federal Preemption Of State Banking Law, David Whitney Adams

Florida State University Law Review

No abstract provided.

State Banking Department, F. Simone

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, R. Kwiatkowski

California Regulatory Law Reporter

No abstract provided.

Privatization And Foreign Investment In Czechoslovakia: The Legal Dimension, Vratislav Pechota

Vanderbilt Journal of Transnational Law

This Essay is intended to outline the legal developments in Czechoslovakia since the November 1989 revolution, which ended forty-one years of Communist domination. The new era, inaugurated by the revolution, began with a painstaking search for a political and constitutional model and for a strategy of socio-economic development that would make the country's transition to democracy and prosperity as smooth and painless as possible.

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow

Michigan Journal of International Law

This paper, through a case study of financial sanctions against South Africa, demonstrates that it is possible to design a development-oriented financial sanctions strategy against any country that violates the human rights of its citizens and in which government regulations, including exchange controls, result in foreign-owned financial assets being trapped in the target country. This strategy will both deprive the perpetrators of the human rights violations of new funds and will help redirect the blocked funds into activities that are designed to promote the political and socioeconomic development of the victims of the human rights abuses. The means for identifying …

Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii

Michigan Journal of International Law

In part, this article is about the conflict between literalism and functionalism in the GATT. It examines an attempt in the Uruguay Round to negotiate rules on foreign direct investment - the so-called trade-related investment measures (TRIMs) negotiations. Foreign direct investment is often a stage in the internationalization of enterprises; it is helpful to the trade of goods producers and necessary to the trade of many services providers. Affected by the output-oriented history of the GATT, however, the Contracting Parties have treated investment as though it were simply one of three legs of an economic triangle: goods, services, investment. In …

The Commodity Exchange Monopoly – Reform Is Needed, Jerry W. Markham

Faculty Publications

In theory, the commodity futures markets are the essence of competition. All orders are required to be exposed to trading pits where traders vie competitively and aggressively to assure the best possible execution price. On the surface, as observed from the exchange galleries or on television, the exchanges do appear to be highly competitive, particularly when one views hundreds of traders screaming and gesticulating wildly for orders. The now famous sting operations on the Chicago exchanges in 1989, however, have provided dramatic evidence that a dangerous symbiotic relationship has developed among traders on the floor that is undermining competition and …

Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Drawing on both the expertise of professionals in the field and a grounding in law and public policy, this book examines the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion and operation of airports.

Debt, Development, And Human Rights: Lessons From South Africa, Danil D. Bradlow

Articles in Law Reviews & Other Academic Journals

This paper explores the lessons to be learned from the South African debt crisis of the mid-1980s and suggests ways in which it could have been used to promote human rights changes in apartheid South Africa.

A Rapid Or Evolutionary Approach: The Eec's Adoption Of The Ecu As A Common Currency, Susan B. Shulman

Northwestern Journal of International Law & Business

Perhaps the EEC should move to a common currency, but there is no reason to rush towards such a dramatic change. According to optimal currency area theory, the current system of limited flexibility within the EEC is ideal. Any move to a common currency should be flexible in that it initially allows member states the ability to use national monetary policy if necessary. The British proposal allows just this kind of flexibility.

State Banking Department, F. Simone

California Regulatory Law Reporter

No abstract provided.

Department Of Savings And Loan, R. Kwiatkowski

California Regulatory Law Reporter

No abstract provided.

Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces

Faculty Publications

No abstract provided.

One Tax Piece Of The Savings And Loan Crisis: Can The Federal Home Loan Bank Board Use The Internal Revenue Cose To Bail Out The Ailing Savings And Loan Industry?, Beverly I. Moran

Vanderbilt Law School Faculty Publications

In Cottage Savings Association v. Commissioner the Sixth Circuit delves into a little known aspect of the savings and loan crisis-the attempt by the Federal Home Loan Bank Board to use the Internal Revenue Code ("Code") to help bolster its failing constituent thrifts. In the course of its analysis, the Sixth Circuit must articulate the requirements for transforming an economic loss into a deductible tax loss.

Recent Initiatives In International Financial Regulation And Goals Of Competitiveness, Effectiveness, Consistency And Cooperation, Joel P. Trachtman

Northwestern Journal of International Law & Business

The purpose of this examination is first, to review the basis for and method of applying U.S. regulation in these functional areas to offshore activities of U.S. persons and to both U.S. and offshore activities of foreign persons, and to understand the differences in approach taken by the Board of Governors of the Federal Reserve System (the Board) and the Securities and Exchange Commission (the Commission) in interpreting the reach of prescriptive jurisdiction under the Bank Holding Company Act of 1956 (the BHC Act), the Securities Act of 1933 (the Securities Act) and the Securities Exchange Act of 1934 (the …

The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon

Michigan Journal of International Law

Since the outbreak of the international debt crisis at the beginning of the 1980s, debtor countries have reached a series of agreements with private creditor banks, with the aim of reducing the financial strain on the debtor countries and enabling them to service their debts. Long-term extensions of maturities are a central aspect of many of these arrangements. Included in the restructurings are all the medium- and long-term claims of the creditor banks, often short-term trade credits and interbank lines, and, in individual cases such as the restructuring of the debts of Poland, Yugoslavia, Costa Rica, and some African States, …

Anonymous Bank Accounts: Narco-Dollars, Fiscal Fraud, And Lawyers, William W. Park

Faculty Scholarship

This Article will focus on how lawyers in countries with a tradition of bank secrecy have played a part in maintaining their clients’ anonymity vis-a-vis bankers. For comparative purposes ` the Article will also comment on the banker’s interest in knowing his or her customer’s identity in a tax context, particularly when the customer claims the benefits of income tax treaties. My modest purpose is to help us all to be more aware of the divergent ethical implications of bank account anonymity

The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr

Faculty Works

No abstract provided.

The Privacy Obstacle Course: Hurding Barriers To Transnational Financial Services, Joel R. Reidenberg

Faculty Scholarship

This article addresses the challenge to transnational financial services resulting from national regulation of information processing. National laws around the world seek to define fair information practices for the private sector and contain prohibitions on data transfers to foreign destinations that lack sufficient privacy protection. The effect of these laws for the financial services industry is significant because financial services depend on personal information. The article argues that the international attempts to harmonize information practice standards and the national efforts to regulate information processing encourage divergence of national standards for financial services. It argues that regulatory flexibility and customization is …

Bondholder Coercion: The Problem Of Constrained Choice In Debt Tender Offers And Recapitalizations, John C. Coffee Jr., William A. Klein

Faculty Scholarship

The past decade saw the flourishing of risky, high-yield corporate debt, often called "junk" bonds. Too many companies took on too much debt, and the chickens are now coming home to roost as these bonds have begun to default with increasing frequency.The magnitude of the problem is potentially enormous; by one estimate, $318 billion of debt has either defaulted already or trades at yields indicating the market's skepticism that it will be repaid on maturity.

Facing the prospect of default, corporate issuers are seeking to restructure or recapitalize their financial structures at a correspondingly increased pace. The market force driving …

Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Transfer, Pledge, Clearance And Settlement In The Japanese And United States Securities Markets, Charles W. Mooney Jr., Atsushi Kiyami

All Faculty Scholarship

No abstract provided.

Effectuating The Customer's Right To Stop Payment Of A Check: The Forgotten Section 4-401, D. Benjamin Beard

Articles

No abstract provided.