Law Commons^™

The Protection Of Deposits And Depositors: A Limited Interpretation Of 12 U.S.C. § 1833a, Alyssa King

Catholic University Law Review

No abstract provided.

Perceptions Of The Future Of Bank Merger Antitrust: Local Areas Will Remain Relevant Markets, Gregory J. Werden

Fordham Journal of Corporate & Financial Law

No abstract provided.

Are Security Deposits Security Interests - The Proper Scope Of Article 9 And Statutory Interpretation In Consumer Class Actions, R. Wilson Freyermuth

Missouri Law Review

Part I of this article critiques this strand of decisions (referred to collectively throughout the article as the "security deposit cases") and demonstrates that the cases rest upon a flawed understanding of Article 9's scope provisions. In these cases, courts have borrowed landlord-tenant law's traditional distinction between a "debt" and a "pledge"-a distinction used in landlord-tenant law to justify a baseline rule under which title to a security deposit passes entirely to the landlord, with the landlord having no positive duty to invest the deposit or pay interest to the tenant. As Part I explains, the security deposit cases wrongly …

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

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.

Nondeposit Deposits And The Future Of Bank Regulation, Jonathan R. Macey, Geoffrey P. Miller

Michigan Law Review

We argue in this paper that the nation has already entered with a vengeance into the era of nondeposit deposit banking. The traditional bank deposit against which reserves must be held and deposit insurance paid is suffering encroachment from a wide variety of competitive instruments and arrangements, all of which, to one degree or another - often to a substantial degree - serve a function economically similar to that of the checking account at a depository institution.

The legal system may respond to these developments by attempting to bring nondeposit deposits under regulation, as it has done with other banking …

Legal Aspects Of Farm Tenancy And Sharecropping In South Carolina, George H. Fischer

South Carolina Law Review

No abstract provided.

Wills, Coleman Karesh

South Carolina Law Review

No abstract provided.

Rights And Duties Of A Bank In The Application Of A Deposit To The Payment Of A Depositor's Obligation, Mary Garner Borden

Kentucky Law Journal

No abstract provided.

Banks And Banking - Immunity Of National Banks From State Escheat Statute, Spencer E. Irons

Michigan Law Review

A Michigan statute provided that bank deposits, in the possession or control of insolvent banks, which have remained inactive for a period of seven years or more shall escheat to the state. In a suit for a declaratory judgment, filed by the Attorney General of Michigan, against the receiver of an insolvent national bank and the Comptroller of the Currency of the United States, the federal district court held that the receiver must turn over deposits coming within the terms of the statute. Held, the statute is invalid if so applied, since it would constitute an unlawful interference with …

Principal And Surety - Duty Of Obligee To Disclose To Surety - Surety's Right Of Subrogation, Julian Caplan

Michigan Law Review

Surety defended an action on the bond of the town treasurer on the ground that at the time the bond was entered into the treasurer, in violation of statute, had deposited in a local bank an amount exceeding thirty per cent of the total deposits of the bank and that the town selectmen, although well aware of the situation, failed to disclose the facts to the surety. Plaintiff contended that there was no duty to disclose these facts to the surety, especially since the treasurer's annual report showed that the amount of the deposits exceeded the legal limit. As an …