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Banking and Finance Law

2008

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Articles 1 - 4 of 4

Full-Text Articles in Law

From Credit Denial To Predatory Lending: The Challenge Of Sustaining Minority Homeownership Dec 2007

From Credit Denial To Predatory Lending: The Challenge Of Sustaining Minority Homeownership

Patricia A. McCoy

Years of discriminatory behavior against minority households have damaged their ability to build wealth. One of the most financially destructive practices endured by minority households is the excessive overpayment to finance a home purchase or access accumulated equity in a home. The market conditions that position blacks, and to a lesser extent, Latino households, to be the principal targets of predatory mortgage lending have their roots in decades of legally sanctioned housing market discrimination. Some minority households lack the financial knowledge or awareness to protect themselves. In other cases, years of discriminatory financial practices have contributed to rendering them ineligible …

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The Central Bank’S Role In The Payment System: Legal And Policy Aspects, Christian Johnson, Robert Steigerwald Dec 2007

The Central Bank’S Role In The Payment System: Legal And Policy Aspects, Christian Johnson, Robert Steigerwald

Christian A. Johnson

The paper starts with a brief overview of the payment system and the roles central banks have traditionally played as payment intermediaries. In particular, it discusses interbank settlement and the role of bank money as a settlement asset. The paper shows that the concept of settlement finality, which has both legal and risk management dimensions, is a key attribute of any form of payment and is not a unique attribute of payments made through a central bank.

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Assessing A Decade Of Interstate Bank Branching, Christian Johnson, Tara Rice Dec 2007

Assessing A Decade Of Interstate Bank Branching, Christian Johnson, Tara Rice

Christian A. Johnson

U.S. banking regulation has historically prohibited the ability of a bank to open or own a branch located outside of its home state, commonly referred to as interstate branching. Only since the passage of the Riegle-Neal Interstate Banking and Branching Efficiency Act (IBBEA) in 1994 have banks have been able to engage in interstate branching, though subject to state restrictions. Despite IBBEA's removal of branching barriers, it still allowed the states to impose restrictions on the entry of out-of-state branch offices. This article describes the changes in Federal and state interstate branching law since passage of IBBEA and reviews how …

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Mutual Funds, Hedge Funds, And The Public-Private Dichotomy In A Macrosociological Framework For Law, Larry D. Barnett Dec 2007

Mutual Funds, Hedge Funds, And The Public-Private Dichotomy In A Macrosociological Framework For Law, Larry D. Barnett

Larry D Barnett

Macrosociology considers law to be one of the institutions of society and, hence, a fundamental component of a social system. Four macrosociological propositions underlie the instant paper: (i) the institutions comprising a social system are, in the long term, compatible with one another; (ii) the compatibility of institutions involves, inter alia, concepts that are similar or identical across at least some institutions; (iii) the concepts and doctrines of the institution of law manifest the properties, including the central values, of the social system; and (iv) the properties of the social system are fashioned by system-level forces. Because the propositions are …

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