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Full-Text Articles in Law
Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, Jafar Mana
Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, Jafar Mana
Fordham Journal of Corporate & Financial Law
This article offers a new perspective on battling credit card fraud. It departs from a focus on post factum liability, which characterizes most legal scholarship and federal legislation on credit card fraud and applies corrective mechanisms only after the damage is done. Instead, this article focuses on preempting credit card fraud by tackling the root causes of the problem: the built-in incentives that keep the credit card industry from fighting fraud on a system-wide basis. This article examines how credit card companies and banks have created a self-interested infrastructure that insulates them from the liabilities and costs of credit card …
A Simple Approach To Preventing The Next Housing Crisis-Why We Need One, What One Would Look Like, And Why Dodd-Frank Isn't It, David A. Dana
A Simple Approach To Preventing The Next Housing Crisis-Why We Need One, What One Would Look Like, And Why Dodd-Frank Isn't It, David A. Dana
Fordham Urban Law Journal
This article considers the adequacy of The Dodd-Frank Act in terms of its potential ability to prevent another crisis in the housing market. The author argues that Dodd-Frank, even if implemented broadly, will not address the key problem of excess complexity in the housing and financial markets. The author then suggests additional reform focusing on simplicity, exemplified by the existing regulatory framework in Denmark. Lastly, the author addresses the current political economy, which is blamed for making the passage of effective regulation too difficult.
Reforming Regulation In The Markets For Home Loans, Susan Block-Lieb, Edward J. Janger
Reforming Regulation In The Markets For Home Loans, Susan Block-Lieb, Edward J. Janger
Fordham Urban Law Journal
This article explores the content and institutional context for recently revised regulation of the markets for residential mortgages. The authors compare and contrast the House and Senate bills relating to the market for home loans proposed and/or passed in the wake of the 2008 financial crisis and examines how the Dodd-Frank Act reconciled the various proposals. The article also focuses on the creation and role of the Bureau of Consumer Financial Protection. Lastly, this article examines the portion of the Dodd-Frank Act intended to regulate predatory mortgages.