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Series

The Catholic University of America, Columbus School of Law

1979

Banking and Finance Law

Articles 1 - 6 of 6

Full-Text Articles in Law

A Functional Analysis Of Truth In Lending, Ralph J. Rohner, Jonathan M. Landers Jan 1979

A Functional Analysis Of Truth In Lending, Ralph J. Rohner, Jonathan M. Landers

Scholarly Articles

The purpose of this Article is to take a hard look at the possible objectives of a disclosure statute such as Truth In Lending, and ask the basic question whether these objectives are attainable, and if so, what type of a statute can best effectuate the legislative policies. Given the lawmakers' fascination with disclosure-type legislation in the scheme for protecting consumers, and the myths that accompany such legislation, this undertaking should prove useful.


Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks, Part I, Ralph J. Rohner Jan 1979

Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks, Part I, Ralph J. Rohner

Scholarly Articles

In this first half of a two-part article, the author reviews the complex structures through which federal and state consumerprotection laws are enacted and enforced with respect to commercial banks. Problems arisefrom the multiolicity of law-making bodies, the dual banking system, unclear preemption standards, and expandingfederal domination of the consumer creditfleld The secondpart of the article, which will appear in the next issue of this Review, analyzes the actual enforcement activities of the federal and state banking agencies. It concludes with a series of recommendationsfor improving the combined federal-state consumer protection programs affecting commercial banks.


For Lack Of A National Policy On Consumer Credit: Preliminary Thoughts On The Need For Unified Federal Agency Rulemaking, Ralph J. Rohner Jan 1979

For Lack Of A National Policy On Consumer Credit: Preliminary Thoughts On The Need For Unified Federal Agency Rulemaking, Ralph J. Rohner

Scholarly Articles

No abstract provided.


Equal Credit Opportunity Act, Ralph J. Rohner Jan 1979

Equal Credit Opportunity Act, Ralph J. Rohner

Scholarly Articles

No abstract provided.


Marquette: Bad Law And Worse Policy, Ralph J. Rohner Jan 1979

Marquette: Bad Law And Worse Policy, Ralph J. Rohner

Scholarly Articles

The Marquette National Bank case unjustifiably exalts the status of national banks over all other lenders in their dealings with out-of-state customers. It ought to be reversed by Congress.


New Directions In The Enforcement Of Consumer Credit Laws: From Public To Private And Back Again, Ralph J. Rohner Jan 1979

New Directions In The Enforcement Of Consumer Credit Laws: From Public To Private And Back Again, Ralph J. Rohner

Scholarly Articles

The response of sympathetic lawmakers to perceived abuses in the consumer credit field is almost totally predictable. One group will urge the enactment of disclosure rules so that well-informed consumers will be able to look out for themselves in the marketplace. Another group will urge the passage of laws directly prohibiting the distasteful practice, or mandating a corrective mechanism. Both groups will then engage in endless rhetorical debate over the costs and benefits of either approach, the infringements on competition and marketplace freedom, and the burdens on small business.

All of these responses take for granted that the disappearance of …