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Banking and Finance Law

1997

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Articles 1 - 30 of 64

Full-Text Articles in Law

Commercial And Banking Law, Robert A. Weber Jr. Dec 1997

Commercial And Banking Law, Robert A. Weber Jr.

Mercer Law Review

Last year's article limited its coverage to cases interpreting provisions of Georgia's Commercial Code. Although the courts have provided ample material to again dedicate the entire survey to that topic, to do so would ignore other substantive bodies of law that have had a significant impact on a commercial law practice. Therefore, in addition to a review of the standard Commercial Code topics (sales, negotiable instruments and bank collections, and secured transactions), this year's survey has endeavored to summarize case law and legislative enactments within the past year in the following categories: banking and finance, consumer protection, contracts of employment, …


How Efficient Markets Undervalue Stocks: Capm And Ecmh Under Conditions Of Uncertainty And Disagreement, Lynn A. Stout Nov 1997

How Efficient Markets Undervalue Stocks: Capm And Ecmh Under Conditions Of Uncertainty And Disagreement, Lynn A. Stout

Cornell Law Faculty Publications



Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann Nov 1997

Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann

Michigan Law Review

The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages. Both of those institutions are designed solely …


Asset Securitization And Corporate Risk Allocation, Christopher W. Frost Nov 1997

Asset Securitization And Corporate Risk Allocation, Christopher W. Frost

Law Faculty Scholarly Articles

Asset securitization is a financial innovation in which corporations sell financial assets to a specially formed entity that in turn taps financial markets for the purchase price. The device provides firms an alternative to raising capital through traditional debt and equity markets. Practitioners of the approach tout securitization as a means through which a firm can lower its overall cost of capital by limiting the risk facing investors in the securitized assets. Commentators have described asset securitization as "one of the most important financing vehicles in the United States." Interest in the device is increasing dramatically as more companies see …


Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas Oct 1997

Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas

University of Arkansas at Little Rock Law Review

No abstract provided.


Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont Sep 1997

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review

No abstract provided.


A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel Jul 1997

A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark Jun 1997

Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark

University of Michigan Journal of Law Reform

Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property.

This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …


The Insider Story, Richard C. Reuben Jun 1997

The Insider Story, Richard C. Reuben

Faculty Publications

The central issue in United States v. O'Hagan, No. 96-842, is the validity of the so-called "misappropriation theory" of insider trader liability under Section 10(b) of the Securities and Exchange Act of 1934. 15 US.C. 78(j)(b). The justices heard oral arguments in April. If the theory propounded by federal regulators is endorsed by the Court, it would expand insider trader liability under U.S. law.


Why Regulate Cybermoney? , David G. Oedel Apr 1997

Why Regulate Cybermoney? , David G. Oedel

American University Law Review

No abstract provided.


Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz Apr 1997

Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz

American University Law Review

No abstract provided.


How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt Apr 1997

How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt

American University Law Review

No abstract provided.


How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas Apr 1997

How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas

American University Law Review

No abstract provided.


How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson Apr 1997

How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson

American University Law Review

No abstract provided.


1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field Apr 1997

1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field

American University Law Review

No abstract provided.


Banks Are Obsolete -- And Who Cares, Edward E. Furash Mar 1997

Banks Are Obsolete -- And Who Cares, Edward E. Furash

North Carolina Banking Institute

No abstract provided.


Selected Legal Issues Affecting Securitization, Michael S. Gambro, Scott Leichtner Mar 1997

Selected Legal Issues Affecting Securitization, Michael S. Gambro, Scott Leichtner

North Carolina Banking Institute

No abstract provided.


Community Reinvestment Act And Its Impact On Bank Mergers, Joseph Moore Mar 1997

Community Reinvestment Act And Its Impact On Bank Mergers, Joseph Moore

North Carolina Banking Institute

No abstract provided.


Tenancy By The Entirety: The Strange Career Of The Common-Law Marital Estate, John V. Orth Mar 1997

Tenancy By The Entirety: The Strange Career Of The Common-Law Marital Estate, John V. Orth

BYU Law Review

No abstract provided.


After Barnett: The Intersection Of National Bank Insurance Powers And State Regulation, Julie L. Williams, Stuart E. Feldstein, Karen E. Mcsweeney Mar 1997

After Barnett: The Intersection Of National Bank Insurance Powers And State Regulation, Julie L. Williams, Stuart E. Feldstein, Karen E. Mcsweeney

North Carolina Banking Institute

No abstract provided.


Technology & Banking, John L. Douglas Mar 1997

Technology & Banking, John L. Douglas

North Carolina Banking Institute

No abstract provided.


Proposed Revisions To Regulation Y, John L. Douglas Mar 1997

Proposed Revisions To Regulation Y, John L. Douglas

North Carolina Banking Institute

No abstract provided.


Banking Organizations: Structural And Other Considerations Involving Non-Banking Activities, John L. Douglas Mar 1997

Banking Organizations: Structural And Other Considerations Involving Non-Banking Activities, John L. Douglas

North Carolina Banking Institute

No abstract provided.


Section 20 Affiliates Of Bank Holding Companies, H. Rodgin Cohen Mar 1997

Section 20 Affiliates Of Bank Holding Companies, H. Rodgin Cohen

North Carolina Banking Institute

No abstract provided.


Asset-Backed Commercial Paper Conduits, Michael Durrer Mar 1997

Asset-Backed Commercial Paper Conduits, Michael Durrer

North Carolina Banking Institute

No abstract provided.


Smiley V. Citibank (South Dakota), N. A.: Banks Find Interest In Credit Card Late Payment Fees, Karen Mower Mar 1997

Smiley V. Citibank (South Dakota), N. A.: Banks Find Interest In Credit Card Late Payment Fees, Karen Mower

North Carolina Banking Institute

No abstract provided.


The Retirement Cd And Recent Occ Action Regarding Banks-In-Insurance, John Jaye Mar 1997

The Retirement Cd And Recent Occ Action Regarding Banks-In-Insurance, John Jaye

North Carolina Banking Institute

No abstract provided.


Originating Lender Bank Liability To Participants In The B-Tranche Of A Leveraged Loan: Mending The Gap Between Federal Banking And Federal Securities Regulation, Louisa C. Crampton Mar 1997

Originating Lender Bank Liability To Participants In The B-Tranche Of A Leveraged Loan: Mending The Gap Between Federal Banking And Federal Securities Regulation, Louisa C. Crampton

North Carolina Banking Institute

No abstract provided.


An Overview Of Commercial Mortgage Backed Securitization: The Devil Is In The Details, Alan Kronovet Mar 1997

An Overview Of Commercial Mortgage Backed Securitization: The Devil Is In The Details, Alan Kronovet

North Carolina Banking Institute

No abstract provided.


Will That Be Cash, Credit, Or E-Money, Heather C. Alston Mar 1997

Will That Be Cash, Credit, Or E-Money, Heather C. Alston

North Carolina Banking Institute

No abstract provided.