Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (11)
- University of Michigan Law School (9)
- Duke Law (3)
- American University Washington College of Law (2)
- Boston University School of Law (2)
-
- Brooklyn Law School (2)
- Georgetown University Law Center (2)
- New York Law School (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Missouri School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Western New England University School of Law (2)
- Chapman University (1)
- Cornell University Law School (1)
- Florida International University College of Law (1)
- Georgia State University College of Law (1)
- Loyola University Chicago, School of Law (1)
- Montclair State University (1)
- Notre Dame Law School (1)
- Technological University Dublin (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Massachusetts Boston (1)
- University of Miami Law School (1)
- University of South Carolina (1)
- University of Windsor (1)
- University of the Pacific (1)
- Valparaiso University (1)
- Keyword
-
- Banking and Finance (7)
- Economics (6)
- Law and Economics (6)
- Bankruptcy (3)
- Community Reinvestment Act (3)
-
- Financial regulation (3)
- SSRN (3)
- Basel II (2)
- Capital markets (2)
- Discrimination (2)
- Finance (2)
- Financial markets (2)
- Financial services (2)
- IPO (2)
- Low-income households (2)
- Moderate-income households (2)
- Patents (2)
- Predatory lending (2)
- QIU (2)
- Qualified independent underwriter (2)
- Sarbanes-Oxley (2)
- Software (2)
- Streamlined Sales Tax (2)
- Unbanked (2)
- VAT (2)
- Venture capital (2)
- Abusive practices (1)
- Accountability (1)
- Accounting principles (1)
- Affected people (1)
- Publication
-
- Faculty Scholarship (19)
- Law & Economics Working Papers Archive: 2003-2009 (6)
- Faculty Publications (4)
- Articles (3)
- Articles & Chapters (2)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Works (2)
- Scholarly Articles (2)
- Testimony Before Congress (2)
- All Faculty Scholarship (1)
- Book Chapters (1)
- Books/Book Chapters (1)
- Business Faculty Articles and Research (1)
- Center for Contract and Economic Organization (1)
- Continuing Legal Education Materials (1)
- Cornell Law School Inter-University Graduate Student Conference Papers (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty Publications & Other Works (1)
- Faculty Publications By Year (1)
- Gastón Institute Publications (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Law Publications (1)
- McGeorge School of Law Scholarly Articles (1)
- Scholarly Works (1)
Articles 1 - 30 of 58
Full-Text Articles in Law
Development Of New Basel Capital Accords: Hearing Before The S. Comm. On Banking, Housing, And Urban Affairs, 109th Cong., Nov. 10, 2005 (Statement Of Professor Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo
Testimony Before Congress
No abstract provided.
Digital Vat And Development: D-Vat And D-Velopment, Richard Thompson Ainsworth
Digital Vat And Development: D-Vat And D-Velopment, Richard Thompson Ainsworth
Faculty Scholarship
This article suggests that the time is right for developing countries to consider adopting a comprehensive, fully digital VAT, (complete with certified software and trusted third party intermediaries who could assume all of the taxpayer's VAT responsibilities) within the limited group of enterprises encompassed by the large taxpayer group.
Since the e-commerce revolution began in the 1990's, tax policy discussions in developed economies have enlisted "e-solutions" to streamline consumption tax administration, as well as to resolve technical problems.
Inspiration came from the marketplace. Policy-makers observed widespread, business-initiated e-solutions to consumption tax compliance problems in a wide spectrum of jurisdiction. There …
Governing The City Of London In A Global Era: The Promise And Problems Of Transgovernmental Regulatory Networks, Richard Woodward
Governing The City Of London In A Global Era: The Promise And Problems Of Transgovernmental Regulatory Networks, Richard Woodward
Books/Book Chapters
No abstract provided.
Clients As Teachers, Barbara Glesner Fines
To Lend Or Not To Lend: What The Cra Ought To Say About Sub-Prime And Predatory Lending, Cassandra Jones Havard
To Lend Or Not To Lend: What The Cra Ought To Say About Sub-Prime And Predatory Lending, Cassandra Jones Havard
All Faculty Scholarship
Policies that support the expansion of affordable housing for low- and moderate-income persons must be reconciled with those policies that undercut the sustainability of home ownership. The sub-prime market represents a much needed expansion of credit markets to those who have been denied access to credit though they are creditworthy. The high failure rate of the sub-prime market indicates that market forces are ineffective in halting this economic abuse. This article argues that the public policy choices and justifications for certain practices have marginalized the concerns of particular consumer classes. It challenges the premise that the free market can and …
Institutions And Inclusion In Saving Policy, Michael S. Barr, Michael Sherraden
Institutions And Inclusion In Saving Policy, Michael S. Barr, Michael Sherraden
Law & Economics Working Papers Archive: 2003-2009
No abstract provided.
Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr
Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr
Law & Economics Working Papers Archive: 2003-2009
The Community Reinvestment Act (CRA) has helped to revitalize low- and moderate-income communities and provided expanded opportunities for low- and moderate-income households. Recent regulatory steps aimed at alleviating burdens on banks and thrifts are unwarranted, and may diminish small business lending as well as community development investments and services. This policy brief explains the rationale for CRA, demonstrates its effectiveness, and argues that the recent regulatory proposals should be withdrawn or significantly modified.
Modes Of Credit Market Regulation, Michael S. Barr
Modes Of Credit Market Regulation, Michael S. Barr
Law & Economics Working Papers Archive: 2003-2009
No abstract provided.
Credit Where It Counts: The Community Reinvestment Act And Its Critics, Michael S. Barr
Credit Where It Counts: The Community Reinvestment Act And Its Critics, Michael S. Barr
Law & Economics Working Papers Archive: 2003-2009
Despite the depth and breadth of U.S. credit markets, low- and moderate-income communities and minority borrowers have not historically enjoyed full access to credit. The Community Reinvestment Act (CRA) was enacted in 1977 to help overcome barriers to credit that these groups faced. Scholars have long leveled numerous critiques against CRA as unnecessary, ineffectual, costly, and lawless. Many have argued that CRA should be eliminated. By contrast, I contend that market failures and discrimination justify governmental intervention and that CRA is a reasonable policy response to these problems. Using recent empirical evidence, I demonstrate that over the last decade CRA …
European Law On Capital Markets – Quo Vadis?, Daniela Huemer
European Law On Capital Markets – Quo Vadis?, Daniela Huemer
Cornell Law School Inter-University Graduate Student Conference Papers
The occurrence of more than a dozen accounting scandals in the United States over the past few years have deeply shaken the capital market and have led some to believe that “corporate and legal culture has lost all sense of right and wrong.” Scandals at companies such as Enron and Worldcom have cost thousands of employees their jobs and caused thousands of investors to lose their investments completely. Similar scandals have happened in Europe as well, such as at Parmalat and Lernout & Hauspie, which has caused an increasing reluctance among investors to trust companies with their dollars.
These circumstances …
Globalization, Law & Development: Introduction And Overview, Michael S. Barr, Reuven S. Avi-Yonah
Globalization, Law & Development: Introduction And Overview, Michael S. Barr, Reuven S. Avi-Yonah
Law & Economics Working Papers Archive: 2003-2009
No abstract provided.
Microfinance And Financial Development, Michael S. Barr
Microfinance And Financial Development, Michael S. Barr
Law & Economics Working Papers Archive: 2003-2009
No abstract provided.
25th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
25th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 25th Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2005.
Nasd Regulation Of Ipo Conflicts Of Interest - Does Gatekeeping Work?, Royce De R. Barondes
Nasd Regulation Of Ipo Conflicts Of Interest - Does Gatekeeping Work?, Royce De R. Barondes
Faculty Publications
This Article contributes to the debate on the efficacy of third party gatekeeping in regulating the capital markets, by presenting empirical evidence of the efficacy of one kind of gatekeeper, a qualified independent underwriter (QIU). Under NASD rules, when an investment bank participating in a securities offering has one of several enumerated conflicts of interest, the securities cannot be sold at a price higher than that recommended by a QIU. Examining 1,188 IPOs from 1997 through 2000 discloses a negative, statistically significant relationship between IPO initial returns and each of (i) the fact that participating NASD members (or their affiliates) …
Core Principles For Effective Banking Supervision: An Enforceable International Financial Standard?, Duncan E. Alford
Core Principles For Effective Banking Supervision: An Enforceable International Financial Standard?, Duncan E. Alford
Faculty Publications
The Basel Committee on Banking Supervision serves as an international forum to discuss international bank supervision issues. Because of the gravity and frequency of banking crises since the demise of the Bretton Woods System in the early 1970s, international financial standards have emerged as a method to minimize these crises. In 1998, the Basel Committee issued a comprehensive standard on bank super vision that built upon its work over the previous two and a half decades. In this Article, the author analyzes this comprehensive standard the Core Principles for Effective Banking Supervision-and assesses its implementation in the European Union, the …
A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell
A Common Tragedy: Promises To Benefit The Public Interest And The Enforceability Problem, Irma S. Russell
Faculty Works
No abstract provided.
Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel
Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility: What Regulation By The Securities And Exchange Commission Is Appropriate?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility - What Regulation By The Securities And Exchange Commission Is Appropriate, Roberta S. Karmel
Mutual Funds, Pension Funds, Hedge Funds And Stock Market Volatility - What Regulation By The Securities And Exchange Commission Is Appropriate, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The One-Stop-Shop In Vat And Rst: Common Approaches To Eu-Us Consumption Tax Problems, Richard Thompson Ainsworth
The One-Stop-Shop In Vat And Rst: Common Approaches To Eu-Us Consumption Tax Problems, Richard Thompson Ainsworth
Faculty Scholarship
In March 2004 the European Commission solicited comments on a proposal to simplify value added tax (VAT) obligations through a one-stop scheme. The proposal was modest in scope. It was designed to build upon the success of a similar scheme that dealt with non-EU established persons supplying digital products to non-taxable EU persons. That scheme is found in Article 26c of the Sixth VAT Directive.
In its March Consultation Paper the Commission proposed that businesses established within the EU be allowed to participate in a one-stop scheme that would be similar to the Article 26c scheme. Limited to B2C transactions, …
Bankruptcy Reform: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Feb. 10, 2005 (Statement Todd Zywicki, Visiting Prof. Of Law, Geo. U. L. Center), Todd J. Zywicki
Testimony Before Congress
No abstract provided.
Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin
Bank Mergers In North America: Comparing The Approaches In The United States And Canada, Eric J. Gouvin
Faculty Scholarship
This Article provides a summary comparison of the processes in the United States and Canada for governmental approval of bank mergers. The topic came to prominence in 1998 when four of Canada's five largest banks unveiled plans that would have resulted in the Royal Bank of Canada merging with the Bank of Montreal and the Toronto Dominion Bank combining with the Canadian Imperial Bank of Commerce ("CIBC"). These proposed mergers were rejected by the then Finance Minister, Paul Martin. The reasons given included: (1) the resulting banking industry structure would have concentrated too much economic power in the hands of …
Borrowing Trouble? V: Subprime Mortgage Lending In Greater Boston, 2000-2003, Jim Campen
Borrowing Trouble? V: Subprime Mortgage Lending In Greater Boston, 2000-2003, Jim Campen
Gastón Institute Publications
Four years ago, in response to numerous reports of the growth of predatory lending, both locally and nationwide, the Massachusetts Community & Banking Council (MCBC) – whose Board of Directors has an equal number of bank and community representatives – commissioned a study of subprime refinance lending in the city of Boston and surrounding communities. The resulting report, Borrowing Trouble? Subprime Mortgage Lending in Greater Boston, 1999, was the first detailed look at subprime lending in the city of Boston and in twenty-seven surrounding communities.
This is the fifth report in the annual series begun by that initial study. …
Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo
Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy
Emerging International Regime Of Financial Servicesregulation, Michael P. Malloy
McGeorge School of Law Scholarly Articles
No abstract provided.
Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico
Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico
Articles & Chapters
The Community Reinvestment Act of 1977 (CRA) has made great progress in achieving its dual purposes: eliminating bank redlining and promoting reinvestment in previously redlined neighborhoods. In doing so, the CRA has helped to democratize capital by giving more people a voice in bank lending decisions and including more people in the economic mainstream by influencing banks to make loans to them to buy homes or open small businesses. Despite the CRA's success, the CRA has not reached its full potential. One of the main reasons for this is that the federal agencies that enforce the CRA are so fearful …
Are There Any Checks And Balances On The Government's Power To Check Our Balances? The Fate Of Financial Privacy In The War On Terrorism, Eric J. Gouvin
Are There Any Checks And Balances On The Government's Power To Check Our Balances? The Fate Of Financial Privacy In The War On Terrorism, Eric J. Gouvin
Faculty Scholarship
In the three years since the terrorist attacks of September 11th, 2001, the laws affecting money laundering and financial privacy in the United States have been changed to give law enforcement agencies easier access to financial information. Although the changes to the law were passed with the claim that they were needed to intercept terrorist financing, the anti-money laundering provisions enacted by the USA PATRIOT Act are being used routinely against non-terrorist criminal suspects as part of regular law enforcement processes. Although the apprehension of ordinary criminals by any means available will sound perfectly ceptable to many, it is at …
Patterns In A Complex System: An Empirical Study Of Valuation In Business Bankruptcy Cases, Bernard Trujillo
Patterns In A Complex System: An Empirical Study Of Valuation In Business Bankruptcy Cases, Bernard Trujillo
Law Faculty Publications
This Article applies complex systems research methods to explore the characteristics of the bankruptcy legal system. It presents the results of an empirical study of twenty years of bankruptcy court valuation doctrine in business cramdown cases. The data provide solid descriptions of how courts exercise their discretion in valuing firms and assets.
This Article has two objectives: First, using scientific methodology, it explains the content of bankruptcy valuation doctrine. Second, the Article uses doctrine as a variable to explore the system dynamics that govern the processes of change over time.
Significant findings include: (1) Courts tend to split the difference …
Private Complainants And International Organizations: A Comparative Study Of The Independent Inspection Mechanisms In International Financial Institutions, Daniel D. Bradlow
Private Complainants And International Organizations: A Comparative Study Of The Independent Inspection Mechanisms In International Financial Institutions, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
This paper is a comparative study of the independent inspection mechanisms in international financial institutions. These mechanisms, which are an important development in the accountability of international organizations, allow private complainants who believe that they have been harmed or threatened with harm by the failure of these institutions to act in accordance with their own operational rules and procedures to have their complaints investigated by an independent body.
The paper is divided into three parts. In the first part I discuss the structure, functions and procedures of the World Bank's Inspection Panel, the International Finance Corporation's Compliance Advisor Ombudsman, the …
Correcting The Empirical Foundations Of Ipo-Pricing Regulation, Royce De R. Barondes
Correcting The Empirical Foundations Of Ipo-Pricing Regulation, Royce De R. Barondes
Faculty Publications
Recent events are replete with stories of fraudulent or opportunistic behavior in the initial public offering (IPO) process - behavior that extended to the highest-reputation investment banks. Curiously, notwithstanding this evidence, recent financial economics literature asserts investment bank conflicts of interest certify IPO issuers. This Article develops new empirical evidence that casts doubt on this certification hypothesis by examining the pre-IPO price adjustment of IPOs involving qualified independent underwriters (QIUs), particularly IPOs in which more than ten percent of the net proceeds are being directed to participating investment banks (e.g., to repay a prior extension of credit). These offerings have …
Letters Of Credit And The Insolvent Applicant: A Recipe For Bad Faith Dishonor, Margaret L. Moses
Letters Of Credit And The Insolvent Applicant: A Recipe For Bad Faith Dishonor, Margaret L. Moses
Faculty Publications & Other Works
No abstract provided.