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Articles 1681 - 1710 of 8816
Full-Text Articles in Law
Into The Future: The Statutory Implications Of North Carolina's Telepsychiatry Program, Jennifer M. Little
Into The Future: The Statutory Implications Of North Carolina's Telepsychiatry Program, Jennifer M. Little
North Carolina Law Review
No abstract provided.
Syntax On Sin Tax: The Supreme Court Of North Carolina Invigorates The Just And Equitable Tax Clause, K. Dawn Milam
Syntax On Sin Tax: The Supreme Court Of North Carolina Invigorates The Just And Equitable Tax Clause, K. Dawn Milam
North Carolina Law Review
No abstract provided.
William J. Turnier: Unc Law Colleague, 1973-2014, John Charles Boger
William J. Turnier: Unc Law Colleague, 1973-2014, John Charles Boger
North Carolina Law Review
No abstract provided.
Front Matter, North Carolina Banking Institute
Front Matter, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Contents, North Carolina Banking Institute
Contents, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Foreword, North Carolina Banking Institute
Foreword, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Maintaining Capital In The Secondary Mortgage Market: Housing Finance Reform And The Liquidity Coverage Ratio, Eric S. Anderson
Maintaining Capital In The Secondary Mortgage Market: Housing Finance Reform And The Liquidity Coverage Ratio, Eric S. Anderson
North Carolina Banking Institute
This Note argues that the recently adopted LCR rule must be accounted for in any housing finance reform bill passed by Congress, and may potentially require a rewrite of certain aspects of the rule in order to prevent serious harm to the primary and secondary mortgage markets, banks, and the U.S. economy. This Note focuses on the wisdom of excluding certain asset classes, namely private label mortgage-backed securities ("MBS") and collateralized mortgage obligations ("CMOs"), from the LCR rule’s definition of HQLA.
Altering The Deal: The Importance Of Gse Shareholder Litigation, Joseph W. Silva
Altering The Deal: The Importance Of Gse Shareholder Litigation, Joseph W. Silva
North Carolina Banking Institute
It is the overarching goal of this Note to provide a broad framework for understanding the issues at stake in current dividend sweep litigation against the Government. Specifically, this Note asserts that although Perry and similarly situated plaintiffs bringing APA-based actions rightfully question the Government’s reasoning in entering the Third Amendment, HERA’s anti-injunction provision presents what is likely an insurmountable jurisdiction problem for dividend sweep litigation plaintiffs. This Note proceeds in four parts. Part II provides a general background of the GSEs’ history, role in the secondary mortgage market, and path to conservatorship. Part III summarizes the arguments Perry and …
Thanks, North Carolina Banking Institute
Thanks, North Carolina Banking Institute
North Carolina Banking Institute
No abstract provided.
Bank Directors Beware: Post-Crisis Bank Director Liability, Emily S. May
Bank Directors Beware: Post-Crisis Bank Director Liability, Emily S. May
North Carolina Banking Institute
This Note examines the most recent wave of personal liability for bank directors regarding decisions made in their official capacity, as well as the implications that this trend may have on bank directors and shareholders. Part II discusses FDIC claims against bank directors, including the FDIC claim process, the applicable law, and the standard of care in director liability cases. Part III details the trend prior to the 2008 financial crisis in bank director personal liability in enforcement actions. Part IV examines the post-2008 financial crisis trend in bank director personal liability in enforcement actions and details the characteristics of …
The Consolidated Audit Trail: An Overreaction To The Danger Of Flash Crashes From High Frequency Trading, Hayden C. Holliman
The Consolidated Audit Trail: An Overreaction To The Danger Of Flash Crashes From High Frequency Trading, Hayden C. Holliman
North Carolina Banking Institute
This Note discusses High Frequency Trading ("HFT"), its potential dangers and effects, and the regulations attempting to control the dangers and effects. Additionally, the Note analyzes the Consolidated Audit Trail's ("CAT") goals, potential problems, and costs. Part II provides an overview of HFT, how it affects the market landscape, and its function and goals. Part III examines the causes and repercussions of the Flash Crash. Part IV analyzes SEC regulations concerning market control, how they function, why they are important to prevent extreme market volatility, and the effectiveness of each regulation. Part V examines the purpose and need for the …
Bank Directors: Heightened Expectations And Blurred Lines In A Changing Regulatory Framework, A Conversation From The Clearing House Annual Conference (Moderators: Lissa L. Broome And Derek M. Bush), Michael S. Helfer, Jewell Hoover, Oliver Ireland, Martin Pfinsgraff
Bank Directors: Heightened Expectations And Blurred Lines In A Changing Regulatory Framework, A Conversation From The Clearing House Annual Conference (Moderators: Lissa L. Broome And Derek M. Bush), Michael S. Helfer, Jewell Hoover, Oliver Ireland, Martin Pfinsgraff
North Carolina Banking Institute
On November 21, 2014, the Center for Banking and Finance at the University of North Carolina School of Law hosted a dialogue on heightened expectations and blurred lines for bank directors in a changing regulatory environment at The Clearing House’s Annual Conference. Biographical information about the moderators and the panelists is set forth before the transcript of the dialogue begins.
Rocky Mountain High: The Impact Of Federal Guidance To Banks On The Marijuana Industry, Tyler T. Buckner
Rocky Mountain High: The Impact Of Federal Guidance To Banks On The Marijuana Industry, Tyler T. Buckner
North Carolina Banking Institute
This Note considers the implications of these recent federal guidelines issued to financial institutions with respect to their freedom to do business with the state-sanctioned marijuana industry. It also discusses whether viable legal alternatives might be available to allow growth in the burgeoning marijuana markets while still remaining faithful to the federal government’s position regarding marijuana as a dangerous drug worthy of prohibition. This Note attempts to balance competing economic and governmental interests in an emerging industry that continues to evolve amid a tumultuous national landscape. This Note argues that current guidelines are excessively onerous for financial institutions and without …
The Financial Institutions Reform, Recovery, And Enforcement Act Of 1989: The Effect Of The “Self-Affecting” Theory On Financial Institutions, Filmon M. Sexton
The Financial Institutions Reform, Recovery, And Enforcement Act Of 1989: The Effect Of The “Self-Affecting” Theory On Financial Institutions, Filmon M. Sexton
North Carolina Banking Institute
This Note addresses why the Self-Affecting Theory misinterprets § 1833a. This Note argues that in cases where the DOJ could bring, but is unwilling or unable to bring, criminal actions, a federally insured financial institution should not be held civilly liable under § 1833a for engaging in fraudulent conduct "affecting" that same institution. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA") does not define what it means to "affect[] a federally insured financial institution." Congressional intent demonstrates that Congress enacted § 1833a in response to the pervasive insider abuse and fraud of the savings and loan crisis …
Who’S Your Debt Collector Now? Extending Debt Collection Regulation To First-Party Lenders, Rebecca Plett
Who’S Your Debt Collector Now? Extending Debt Collection Regulation To First-Party Lenders, Rebecca Plett
North Carolina Banking Institute
This Note proceeds in five parts. Part II outlines the primary differences between third-party debt collectors and first-party lenders. Part III provides an overview of current regulations of third-party debt collectors and first-party lenders, specifically relating to "unfair, deceptive, and abusive [acts or] practices." Part IV explains the areas in which the ANPR suggests changes in regulation, particularly as those changes apply to first-party lenders. Part V discusses whether regulation of first-party lenders is statutorily feasible, or even necessary, and addresses some of the practical barriers to such regulation. Part VI concludes by arguing that, while additional regulation of first-party …
Clarifying What Is “Clear”: Reconsidering Whistleblower Protections Under Dodd-Frank, Caroline E. Keen
Clarifying What Is “Clear”: Reconsidering Whistleblower Protections Under Dodd-Frank, Caroline E. Keen
North Carolina Banking Institute
This Note argues that the Fifth Circuit’s holding should be disregarded and the definition of a whistleblower should be expanded to include those who report potential securities laws violations internally, in addition to those who report directly to the SEC. This Note proceeds in four parts. Part II explains the differences between the anti- retaliation provisions of SOX and Dodd-Frank. Part III provides an overview of the approach taken by the Fifth Circuit in adopting a restrictive definition of whistleblower in Asadi. Part IV discusses how the majority of courts choose not to follow the Fifth Circuit after correctly applying …
For Better And Worse: The Differing Income Tax Treatments Of Marriage At Different Income Levels, Lawrence Zelenak
For Better And Worse: The Differing Income Tax Treatments Of Marriage At Different Income Levels, Lawrence Zelenak
North Carolina Law Review
No abstract provided.
Taxing Compensatory Stock Rights Transferred In Divorce, Gregg Polsky, Kathleen Delaney Thomas
Taxing Compensatory Stock Rights Transferred In Divorce, Gregg Polsky, Kathleen Delaney Thomas
North Carolina Law Review
No abstract provided.
Getting Serious About Cross-Border Earnings Stripping: Establishing And Analytical Frame Work, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
Getting Serious About Cross-Border Earnings Stripping: Establishing And Analytical Frame Work, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
North Carolina Law Review
No abstract provided.
Toward A Cybersecurity Policy Model: Israel National Cyber Bureau Case Study, Daniel Benoliel
Toward A Cybersecurity Policy Model: Israel National Cyber Bureau Case Study, Daniel Benoliel
North Carolina Journal of Law & Technology
No abstract provided.
Googlestroika: Five Years Later, Karl T. Muth
Googlestroika: Five Years Later, Karl T. Muth
North Carolina Journal of Law & Technology
No abstract provided.
The Moving Target Of Tax Reform, Karen C. Burke, Grayson M.P. Mccouch
The Moving Target Of Tax Reform, Karen C. Burke, Grayson M.P. Mccouch
North Carolina Law Review
No abstract provided.
The Death Of The Clean Air Act's Psd Provision: The Practical Implications Of Circuit Courts' Failure To Properly Apply Chevron Deference, Heather M. Hillaker
The Death Of The Clean Air Act's Psd Provision: The Practical Implications Of Circuit Courts' Failure To Properly Apply Chevron Deference, Heather M. Hillaker
North Carolina Law Review
No abstract provided.
Two Hats, One Head, No Heart: The Anatomy Of The Erisa Settlor/Fiduciary Distinction, Dana Muir, Norman Stein
Two Hats, One Head, No Heart: The Anatomy Of The Erisa Settlor/Fiduciary Distinction, Dana Muir, Norman Stein
North Carolina Law Review
No abstract provided.
When Big Data Meets Big Brother: Why Courts Should Apply United States V. Jones To Protect People's Data, Brad Turner
When Big Data Meets Big Brother: Why Courts Should Apply United States V. Jones To Protect People's Data, Brad Turner
North Carolina Journal of Law & Technology
No abstract provided.
A Picture Is Worth A Thousand Words: The Legal Implications Of Revenge Porn, Samantha H. Scheller
A Picture Is Worth A Thousand Words: The Legal Implications Of Revenge Porn, Samantha H. Scheller
North Carolina Law Review
No abstract provided.
Table Of Contents, North Carolina Law Review
Table Of Contents, North Carolina Law Review
North Carolina Law Review
No abstract provided.
Placing The Seal On A Fractured Debate: How North Carolina Clarified Its Law Of Hydraulic Fracturing And Can Strike The Right Balance With Preemption Of Local Regulation, Bryan M. Weynand
North Carolina Law Review
No abstract provided.
Does The Public Care How The Supreme Court Reasons - Empirical Evidence From A National Experiment And Normative Concerns In The Case Of Same-Sex Marriage, Courtney Megan Cahill, Geoffrey Christopher Rapp
Does The Public Care How The Supreme Court Reasons - Empirical Evidence From A National Experiment And Normative Concerns In The Case Of Same-Sex Marriage, Courtney Megan Cahill, Geoffrey Christopher Rapp
North Carolina Law Review
No abstract provided.
Ftc V. Actavis: The Patent-Antitrust Intersection Revisited, Glynn S. Lunney Jr.
Ftc V. Actavis: The Patent-Antitrust Intersection Revisited, Glynn S. Lunney Jr.
North Carolina Law Review
No abstract provided.