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Banking and Finance Law

1999

Selected Works

Articles 1 - 7 of 7

Full-Text Articles in Law

An Apologia For The Use Of Over-The-Counter Derivatives, Christian Johnson Nov 1999

An Apologia For The Use Of Over-The-Counter Derivatives, Christian Johnson

Christian A. Johnson

This article reviews Over-the-Counter Derivative Products: A Guide to Business and Legal Risk Management and Documentation, by Robert M. McLaughlin (McGraw-Hill 1999) Assuming the role of apologist, Robert McLaughlin's work provides a comprehensive justification for, and defense of, the over-the-counter (“OTC”) derivatives market.

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Risky Business: Acting As A Lender And Otc Derivative Dealer With The Same Customer, Christian Johnson Sep 1999

Risky Business: Acting As A Lender And Otc Derivative Dealer With The Same Customer, Christian Johnson

Christian A. Johnson

Here the Author looks at some of the potential legal risk factors for a lender in taking a dual role with the same customer with respect to loans and over the counter derivative transactions. The principal risk, says the author, is the rejection of a bank's claim for damages in bankruptcy upon the termination of over the counter derivative transactions entered into with the now bankrupt borrower. This is because the damages with respect to the derivative transactions may be characterized as unmatured interest which may be rejected by bankruptcy court. Although such a characterization was rejected by the courts …

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Biography Of William Cary Dec 1998

Biography Of William Cary

Patricia A. McCoy

No abstract provided.

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The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton Dec 1998

The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Vincent D. Rougeau, Keith N. Hylton

Vincent D. Rougeau

Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. In particular, there has been notable progress toward the …

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Review, International Banking By Michael P. Malloy Dec 1998

Review, International Banking By Michael P. Malloy

Patricia A. McCoy

No abstract provided.

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The Shareholder Derivative Suit In Arkansas, Mary E. Matthews Dec 1998

The Shareholder Derivative Suit In Arkansas, Mary E. Matthews

Mary E Matthews

The Arkansas authorities governing derivative claims deviate from the authorities governing direct claims to a greater extent than is necessary. Three statutes govern shareholder derivative suits in Arkansas: the 1965 Arkansas Business Corporation Act (the 1965 ABCA); Arkansas Rule of Civil Procedure 23.1 (Rule 23.1); and the 1987 Arkansas Business Corporation Act (1987 ABCA). While the statutes occasionally conflict with Rule 23.1, the general goal is to prevent “strike suits.” Further, the Arkansas Supreme Court’s interpretation of the authorities suggests conflicts will be resolved in favor of the Rule. These statutes provide procedural restrictions for shareholder derivative suits. There are …

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Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein Dec 1998

Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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