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Full-Text Articles in Law
Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurule
Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurule
Jimmy Gurule
Plaintiffs have a heavy burden to prove that the provision of routine financial services to suspected terrorists violated the ATA. While plaintiffs clearly met their burden in the Arab Bank case, that case did not involve the provision of routine banking services. Further, in the Palestinian Authority case several of the individuals who committed the terrorist attacks worked for the authority and were monetarily rewarded for their acts of terrorism.
Plaintiffs' lawyers in pending bank cases filed under the ATA therefore should be hesitant to read too much into the Arab Bank and Palestinian Authority verdicts.
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet
University of Cincinnati Law Review
No abstract provided.
A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel
A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel
Faculty Scholarship
How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.); a mix of contract and trust law, but going towards trust (Japan), and a full trust-fiduciary law regulating banks (Israel). The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.