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Full-Text Articles in Law
The Fortunes & Foibles Of Exchange-Traded Funds, William A. Birdthistle
The Fortunes & Foibles Of Exchange-Traded Funds, William A. Birdthistle
William Birdthistle
One of the most dynamic and complex new investment vehicles on the market today is the exchange-traded fund, a security that provides the diversification of a mutual fund but trades on an exchange like a stock. In just over a decade, the number of ETFs has proliferated to well over 500, attracting almost half a trillion dollars in investment. Most of that growth has occurred in just the past two years, and ETFs are projected to continue growing at a pace far faster than hedge funds and mutual funds in the coming years. Yet for all this extraordinary growth, legal …
Money, Money Everywhere But Not A Drop To Secure: A Proposal To Amend The Perfection Rule For Security Interests In Money And Deposit Accounts, Brian M. Mccall
Money, Money Everywhere But Not A Drop To Secure: A Proposal To Amend The Perfection Rule For Security Interests In Money And Deposit Accounts, Brian M. Mccall
Brian M McCall
It is time that the billions of dollars of money and bank account balances held by debtors be made available as security in a manner that is commercially practical. The rules governing the perfection of security interests in money and deposit accounts need to be reformed to allow perfection by filing. This article builds a case for the proposed revisions by addressing the vexing question “what is money.” A brief history, especially drawing upon the history of the UCC, of answers to this question is presented. Various policy rationales are explored including an examination of the different forms of payment …
The Home Mortgage Disclosure Act: A Synopsis And Recent Legislative History
The Home Mortgage Disclosure Act: A Synopsis And Recent Legislative History
Patricia A. McCoy
This article describes the provisions of the federal Home Mortgage Disclosure Act (HMDA), tracing its legal evolution since 1989, when Congress expanded HMDA to require reporting of home mortgage lending by ethnicity and race. HMDA requires most lenders to report the demographic makeup and geographic distribution of home mortgages to the federal government. The 1989 amendments and later developments transformed HMDA from a law exclusively concerned with geographic disinvestment to one concerned with lending disparities by ethnicity and race. In the process, HMDA evolved from an obscure reporting statute to a flashpoint for debates over lending discrimination and subprime lending.