Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Banking and Finance Law

2001

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 91

Full-Text Articles in Law

Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Cassandra Jones Havard Oct 2001

Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Cassandra Jones Havard

All Faculty Scholarship

In this article, I argue that Ellison's metaphor of social invisibility—the societal undervaluing of minorities—is analogous to economic invisibility—the denial of fair access to credit to minorities. I then use the metaphor of invisibility as a basis for understanding the contemporary legal problem of predatory lending, or making credit available to borrowers at unreasonably high interest rates. Disguised as credit access to high-risk, underserved borrowers, predatory lending helps to create risk by offering borrowers products that do not adequately measure risk and that are not fairly priced.

Go to article

Reverse Mortgage Information Online, Robin Schard Oct 2001

Reverse Mortgage Information Online, Robin Schard

Articles

Reverse mortgages are a valuable tool that allow seniors to tap their home's equity. However, there are traps for the unwary

Go to article

World Bank Study, Jennifer N. Weidner Sep 2001

World Bank Study, Jennifer N. Weidner

Buffalo Human Rights Law Review

No abstract provided.

Go to article

Collection Law In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Sep 2001

Collection Law In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Collection Law in Kentucky held by UK/CLE in September 2001.

Go to article

Payee Tax Representations & The Isda Master Agreement, Christian Johnson Jul 2001

Payee Tax Representations & The Isda Master Agreement, Christian Johnson

Christian A. Johnson

Negotiations over the payee tax representations to be made in an ISDA Master Agreement are often confusing, acrimonious and slow. U.S. negotiators, at the urging of expensive tax counsel, often insist that their foreign counterparties make comprehensive tax representations for U.S. tax purposes and deliver certain IRS tax forms to them. Typically, foreign counterparties resist making these representations because they don't understand the purposes behind them. However, these payee tax representations, and the related delivery of tax forms, serve important purposes.

Go to article

Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota May 2001

Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota

Washington International Law Journal

A number of commentators in Japan have argued that tax treatments for distressed bank loans seem to be more generous in Japan than in the United States, and that, in contrast to Japan, the United States does not allow any deduction for loan loss reserves. However, such arguments have not been based upon a careful analysis of case law and actual tax authority practices. This Article presents a comparative study of the tax treatments for distressed bank loans in the United States and Japan. It analyzes corporate income tax legislation, administrative practices and case law in the 1980s and 1990s …

Go to article

Liquidity & The Isda Master Agreement, Christian Johnson Apr 2001

Liquidity & The Isda Master Agreement, Christian Johnson

Christian A. Johnson

Ensuring liquidity should be the primary goal in negotiating an ISDA Master Agreement (the "Agreement") for smaller, non-rated customers, such as a hedge fund or a middle-market corporation. Often highly leveraged and with little room for error, these customers should focus their efforts when negotiating the Agreement with a dealer on limiting the dealer's opportunity to terminate the Agreement. Unfortunately, however, customers (typically through expensive outside counsel), often instead use up valuable negotiating capital on esoteric legal issues that may only remotely affect a customer's situation.

Go to article

Rehypothecation Risk, Christian Johnson Apr 2001

Rehypothecation Risk, Christian Johnson

Christian A. Johnson

Granting rehypothecation or "use rights" with respect to pledged collateral is common in the over-the-counter derivative market. In fact, subject to the pledgor's consent, the credit support annex to the International Swaps and Derivatives Association master agreement provides the secured party with the right to rehypothecate, or use for its own purposes, collateral pledged to it---subject only to the obligation to return the collateral once the pledgor has satisfied its obligations. Customers, however, are often alarmed to learn that the dealer requires such an unrestricted right to use and sell the pledged collateral.

Go to article

African-American Farmers And Fair Lending: Racializing Rural Economic Space, Cassandra Jones Havard Apr 2001

African-American Farmers And Fair Lending: Racializing Rural Economic Space, Cassandra Jones Havard

All Faculty Scholarship

This article critiques the federal policy and legislation that makes USDA a financial intermediary designed to give farmers access to credit in light of the federal class action settlement of claims between African-American farmers and USDA. The challenged statutory scheme allows locally elected farmers to make decisions regarding these low-cost loan funds. USDA's approach has both federalist and economic underpinnings. The article identifies the arguments supporting devolution of power from the federal government to local jurisdictions and examines the competing theories of information costs, transaction costs, and agency costs as they relate to USDA as a financial intermediary. Finally, it …

Go to article

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Apr 2001

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.

Go to article

Willie Sutton Is On The Internet: Bank Security Strategy In A Shared Risk Environment, Eugene M. Katz, Theodore F. Claypoole Apr 2001

Willie Sutton Is On The Internet: Bank Security Strategy In A Shared Risk Environment, Eugene M. Katz, Theodore F. Claypoole

North Carolina Banking Institute

No abstract provided.

Go to article

First Pacific Bancorp, Inc. V. Helfer: A Case For An Implied Private Cause Of Action, Nathan Fess Apr 2001

First Pacific Bancorp, Inc. V. Helfer: A Case For An Implied Private Cause Of Action, Nathan Fess

North Carolina Banking Institute

No abstract provided.

Go to article

Eyeing The Future: Surviving The Criticisms Of Biometric Authentication, Robyn Moo-Young Apr 2001

Eyeing The Future: Surviving The Criticisms Of Biometric Authentication, Robyn Moo-Young

North Carolina Banking Institute

No abstract provided.

Go to article

Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky Apr 2001

Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky

Articles

In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.

Go to article

Foreword, North Carolina Banking Institute Apr 2001

Foreword, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Go to article

Savings For The Poor: The Hidden Benefits Of Electronic Banking: A Review And Response, Joseph A. Smith Jr. Apr 2001

Savings For The Poor: The Hidden Benefits Of Electronic Banking: A Review And Response, Joseph A. Smith Jr.

North Carolina Banking Institute

No abstract provided.

Go to article

Gramm-Leach-Bliley Act And State Regulation Of The Business Of Insurance-Past, Present And . . . Future, Scott A. Sinder Apr 2001

Gramm-Leach-Bliley Act And State Regulation Of The Business Of Insurance-Past, Present And . . . Future, Scott A. Sinder

North Carolina Banking Institute

No abstract provided.

Go to article

The Impact Of Technology On Banking: The Effect And Implications Of Deconstruction Of Banking Functions, Julie L. Williams, James F. Gillespie E. Apr 2001

The Impact Of Technology On Banking: The Effect And Implications Of Deconstruction Of Banking Functions, Julie L. Williams, James F. Gillespie E.

North Carolina Banking Institute

No abstract provided.

Go to article

Financial Services Privacy At The Start Of The 21st Century: A Conceptual Perspective, Charles M. Horn Apr 2001

Financial Services Privacy At The Start Of The 21st Century: A Conceptual Perspective, Charles M. Horn

North Carolina Banking Institute

No abstract provided.

Go to article

Bank Capital Requirements For Retained Interests In Securitizations, Cynthia C. Mabel Apr 2001

Bank Capital Requirements For Retained Interests In Securitizations, Cynthia C. Mabel

North Carolina Banking Institute

No abstract provided.

Go to article

Capital Requirements For Merchant Banking, Ashley D. Fluhme Apr 2001

Capital Requirements For Merchant Banking, Ashley D. Fluhme

North Carolina Banking Institute

No abstract provided.

Go to article

The Search For Clarity In The Accounting For Loan-Loss Reserves: Earnings Management Vs. Safety And Soundness, Jonathan C. Windham Apr 2001

The Search For Clarity In The Accounting For Loan-Loss Reserves: Earnings Management Vs. Safety And Soundness, Jonathan C. Windham

North Carolina Banking Institute

No abstract provided.

Go to article

From Checks To Cash: The Regulation Of The Payday Lending Industry, Scott Andrew Schaaf Apr 2001

From Checks To Cash: The Regulation Of The Payday Lending Industry, Scott Andrew Schaaf

North Carolina Banking Institute

No abstract provided.

Go to article

Occ V. Providian National Bank: Enforcement Of The Ftc's Unfair And Deceptive Trade Practices Statute By The Occ, Mcneill Y. Wester Apr 2001

Occ V. Providian National Bank: Enforcement Of The Ftc's Unfair And Deceptive Trade Practices Statute By The Occ, Mcneill Y. Wester

North Carolina Banking Institute

No abstract provided.

Go to article

If You Can't Beat Them, Join Them: Dara Aggregators And Financial Institutions, Kimberly L. Wierzel Apr 2001

If You Can't Beat Them, Join Them: Dara Aggregators And Financial Institutions, Kimberly L. Wierzel

North Carolina Banking Institute

No abstract provided.

Go to article

Warning Signs From Increases In Non-Performing Loans, John Murchison Apr 2001

Warning Signs From Increases In Non-Performing Loans, John Murchison

North Carolina Banking Institute

No abstract provided.

Go to article

E-Sign Versus State Electronic Signature Laws: The Electronic Statutory Battleground, Adam R. Smart Apr 2001

E-Sign Versus State Electronic Signature Laws: The Electronic Statutory Battleground, Adam R. Smart

North Carolina Banking Institute

No abstract provided.

Go to article

E-Sign: Will The New Law Increase Internet Security Allowing Online Mortgage Lending To Become Routine, Carrie A. O'Brien Apr 2001

E-Sign: Will The New Law Increase Internet Security Allowing Online Mortgage Lending To Become Routine, Carrie A. O'Brien

North Carolina Banking Institute

No abstract provided.

Go to article

Mccoll's Revolution: The Triumph Of The South, Frances Clement Apr 2001

Mccoll's Revolution: The Triumph Of The South, Frances Clement

North Carolina Banking Institute

No abstract provided.

Go to article

Dueling Dollars: The Story Of Sacagawea's Journey, Richard R. Holley Iii Apr 2001

Dueling Dollars: The Story Of Sacagawea's Journey, Richard R. Holley Iii

North Carolina Banking Institute

No abstract provided.

Go to article

Next Last