Law Commons^™

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 …

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 …