Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (3)
- Cleveland State University (2)
- Maurer School of Law: Indiana University (2)
- Boston University School of Law (1)
- New York Law School (1)
-
- Northwestern Pritzker School of Law (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- Selected Works (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Pennsylvania Carey Law School (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Fordham Journal of Corporate & Financial Law (3)
- Cleveland State Law Review (2)
- All Faculty Scholarship (1)
- Articles (1)
- Catholic University Law Review (1)
-
- Dalhousie Law Journal (1)
- Faculty Scholarship (1)
- Federal Communications Law Journal (1)
- Indiana Law Journal (1)
- Life of the Law School (1993- ) (1)
- NYLS Law Review (1)
- Northwestern Journal of International Law & Business (1)
- Seattle University Law Review (1)
- Shruti Rana (1)
- Vanderbilt Law Review (1)
- Washington and Lee Law Review (1)
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
A Look Back In Time: Analyzing The Success And Value Of The 2014 Amendments To Rule 2a-7 And Reporting On Form N-Cr In Light Of The March 2020 Market Events, Jocelyn Near
Catholic University Law Review
Money market funds have frequently been a target of regulation by the Securities and Exchange Commission (“SEC”). Perhaps the most expansive regulation came as a response to the 2008 financial crisis, in which the Reserve Primary Fund “broke the buck.” The SEC’s misguided 2014 reforms exacerbated the inherent risks of money market funds, including the risk of runs and first mover advantage, particularly with the implementation of Form N-CR. Form N-CR requires a money market fund to publicly report when various events occur, including when a retail or government money market fund’s current net asset value per share deviates downward …
The Battle With Big Tech: Analyzing Antitrust Enforcement And Proposed Reforms, Youngjae Lee, Morgan Hagenbuch
The Battle With Big Tech: Analyzing Antitrust Enforcement And Proposed Reforms, Youngjae Lee, Morgan Hagenbuch
Fordham Journal of Corporate & Financial Law
No abstract provided.
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson
Seattle University Law Review
Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.
Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden
Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Comment On 'Error And Regulatory Risk In Financial Institution Regulation', Keith N. Hylton
Comment On 'Error And Regulatory Risk In Financial Institution Regulation', Keith N. Hylton
Faculty Scholarship
I agree with just about everything Jonathan Macey (2017) says in his symposium contribution. His claim that bureaucratic tendencies toward regularity—specifically, treating like cases alike—generate errors in categorization seems appropriate to me. His explanations of the pathologies in financial regulation should fall in the category of essential or required reading for anyone who chooses to write on the topic. Where I differ from Macey is in the choice of framework, or perspective from which to view the pathologies. Whereas Macey adopts an “error cost” framework, which is clearly appropriate for this symposium, I would build explicitly on a “public choice” …
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister
Washington and Lee Law Review
A trap for unsophisticated debtors, debt collectors often attempt to collect time-barred debts through written offers to settle those debts for a fraction of what is owed. Debtors typically respond to such offers in one of four ways. First, some debtors simply pay the offered settlement amount, usually 10%–40% of the total outstanding debt, thereby satisfying the debt in full. Second, those who wish to eliminate the debt but cannot pay the entire offered settlement amount will instead make a small payment, unwittingly reviving the statute of limitations on collections and making the entire debt judicially enforceable for several years …
The Chancery Bank Of Delaware: Appraisal Arbitrageurs Expose Need To Further Reform Defective Appraisal Statute, Stanley Onyeador
The Chancery Bank Of Delaware: Appraisal Arbitrageurs Expose Need To Further Reform Defective Appraisal Statute, Stanley Onyeador
Vanderbilt Law Review
A dark pool, a form of Alternative Trading System ("ATS"), is a private securities trading platform that-unlike public exchanges such as the New York Stock Exchange-allows participants to execute large block trades with delayed public disclosure. As neither party in a dark market transaction is trading on the public, or "lit," market or knows the identity of its counterparty, dark market trades allow participants to trade anonymously and keep trade strategies from competitors. Further, because dark market trades do not have to be publicly disclosed in real time, the price of a given security will, theoretically, stay relatively stable as …
Keeping Up With The Joneses: A Model Systemic Risk Reporting Regime For The Canadian Hedge Fund Industry, Andrew Mcgarva
Keeping Up With The Joneses: A Model Systemic Risk Reporting Regime For The Canadian Hedge Fund Industry, Andrew Mcgarva
Dalhousie Law Journal
The purpose of this paper is to suggest a regulatory model by which Canadian securities regulators may monitor the systemic risk contributed to by the Canadian hedge fundindustry The bases for this modelare recent regulatory reform initiatives adopted in the U.S. and Europe. There, securities regulators have adopted Form PF and AIFMD, respectively, to monitor the systemic risk contributed to by hedge funds. However, the features of those regimes are not necessarily appropriate for the Canadian industry. The appropriateness ofthe features of Form PFandAIFMD for the Canadian hedge fund industry is evaluated on two criteria: the average industry fund size, …
Competition And Crisis In Mortgage Securitization, Michael Simkovic
Competition And Crisis In Mortgage Securitization, Michael Simkovic
Indiana Law Journal
U.S. policy makers often treat market competition as a panacea. However, in the case of mortgage securitization, policy makers’ faith in competition is misplaced. Competitive mortgage securitization has been tried three times in U.S. history— during the 1880s, the 1920s, and the 2000s—and every time it has collapsed. Most recently, competition between mortgage securitizers led to a race to the bottom on mortgage underwriting standards that ended in the late 2000s financial crisis. This Article provides original evidence that when competition was less intense and securitizers had more buyer power, securitizers acted to monitor mortgage originators and to maintain prudent …
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
One of the more important issues emerging out of the 2008 financial crisis concerns the proper resolution of a systemically important financial institution. In response to this, Title II of Dodd-Frank created the Orderly Liquidation Authority, or OLA, which is designed to create a resolution framework for systemically important financial institutions that is based on the resolution authority that the FDIC has held over commercial bank failures. In this article, we consider the various alternatives for resolving systemically important institutions. Among these alternatives, we discuss OLA, a European-style bail-in process, and coerced mergers, while also extensively focusing on the bankruptcy …
The Development Of The New Chinese Banking System: Domestic Modernization Or Global Financial Manipulation?, Shruti Rana
The Development Of The New Chinese Banking System: Domestic Modernization Or Global Financial Manipulation?, Shruti Rana
Shruti Rana
Over the last two decades the Chinese government has conducted an unprecedented and rapid transformation of its banking system. These changes are especially noteworthy because they are emerging against a backdrop of great global, as well as internal, financial turmoil. Moreover, the Chinese banking transformation is picking up steam at the very time China is increasingly flexing its political muscle on the global stage. These remarks argue that the current internal transformation of the Chinese banking system is inextricably intertwined with China’s rise in the global financial arena. They further argue that China’s unique banking structure and recent experiences can …
The Wisdom Of Crowds? Groupthink And Nonprofit Governance, Melanie B. Leslie
The Wisdom Of Crowds? Groupthink And Nonprofit Governance, Melanie B. Leslie
Articles
Scandals involving nonprofit boards and conflicts of interest continue to receive considerable public attention. Earlier this year, for example, musician Wyclef Jean's Yele Haiti charity became the target of intense criticism after the charity disclosed that it had regularly transacted business with Jean and entities controlled by Jean and other directors. Although scandals caused by self-dealing undermine public confidence in the charitable sector, they continue to erupt. Why do charitable boards sanction transactions with insiders?
This Article argues that much of the blame lies with the law itself. Because fiduciary duty law is currently structured as a set of fuzzy …
Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz
Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz
Fordham Journal of Corporate & Financial Law
No abstract provided.
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Fordham Journal of Corporate & Financial Law
No abstract provided.
Foreward, Faith Stevelman
Ec Reforms Of Corporate Governance And Capital Markets Law: Do They Tackle Insiders' Opportunism?, Luca Enriques, Matteo Gatti
Ec Reforms Of Corporate Governance And Capital Markets Law: Do They Tackle Insiders' Opportunism?, Luca Enriques, Matteo Gatti
Northwestern Journal of International Law & Business
Company and capital markets laws are rapidly evolving everywhere: there are few countries around the world where they have not been the subject of reform or where at least a reform agenda has not been devised. There are various reasons for this, both global and local. Among the global (or common) reasons for reform, two at least deserve to be singled out: large-scale market crises or prominent economic scandals, and financial development.
Analyzing The World Bank's Blueprint For Promoting "Information And Communications", Sherille Ismail
Analyzing The World Bank's Blueprint For Promoting "Information And Communications", Sherille Ismail
Federal Communications Law Journal
Book Review: Information and Communications for Development 2006: Global Trends and Policies, issued by the World Bank.
This Review provides a summary and brief analysis of foreign private investment, the book's blueprint for reform, and how investments have fared in promoting economic growth and reducing poverty. The book is a valuable asset for governments, scholars, investors, and the international community seeking to serve end users in developing countries.
Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson
Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson
Cleveland State Law Review
The purpose of this article, however, is not to summarize the maze of federal and state banking regulation. Instead, recognizing that deposit insurance is a centerpiece of the overall regulatory scheme to which any financial institution in the United States is subject, this article is primarily concerned with subjecting this form of bank regulation to analysis based upon general principles of regulatory theory. This article is less concerned with the details of banking law than it is with using regulatory to shape policy guidelines for the coming process of deposit insurance reform.
Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson
Regulatory Theory And Deposit Insurance Reform, R. Mark Williamson
Cleveland State Law Review
The purpose of this article, however, is not to summarize the maze of federal and state banking regulation. Instead, recognizing that deposit insurance is a centerpiece of the overall regulatory scheme to which any financial institution in the United States is subject, this article is primarily concerned with subjecting this form of bank regulation to analysis based upon general principles of regulatory theory. This article is less concerned with the details of banking law than it is with using regulatory to shape policy guidelines for the coming process of deposit insurance reform.