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2006

Banking and Finance Law

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Articles 31 - 58 of 58

Full-Text Articles in Law

The New Regulatory Regime For Hedge Funds: Has The Sec Gone Down The Wrong Path?, Jacob Preiserowicz Jan 2006

The New Regulatory Regime For Hedge Funds: Has The Sec Gone Down The Wrong Path?, Jacob Preiserowicz

Fordham Journal of Corporate & Financial Law

No abstract provided.


Bank Corporate Governance: The Emerging Ukrainain Market Compared To International Best Practices, Maksym V. Burlaka Jan 2006

Bank Corporate Governance: The Emerging Ukrainain Market Compared To International Best Practices, Maksym V. Burlaka

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Self-Regulating Corporation: How Corporate Codes Can Save Our Children, Natasha Rossell Jaffe, Jordan D. Weiss Jan 2006

The Self-Regulating Corporation: How Corporate Codes Can Save Our Children, Natasha Rossell Jaffe, Jordan D. Weiss

Fordham Journal of Corporate & Financial Law

No abstract provided.


Symposium Panel Two: Managing As If Faith Matters, Talat Ansari, Charles M.A Clark, Joseph E. Geoghan Jan 2006

Symposium Panel Two: Managing As If Faith Matters, Talat Ansari, Charles M.A Clark, Joseph E. Geoghan

Fordham Journal of Corporate & Financial Law

No abstract provided.


Symposium Panel Three: Viable Models: Shareholder Resolutions, Patricia Daly, Rabbi Mordechai Liebling Jan 2006

Symposium Panel Three: Viable Models: Shareholder Resolutions, Patricia Daly, Rabbi Mordechai Liebling

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Sixth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law, William Michael Treanor, Ben A. Indek, Jill E. Fisch, Edward F. Greene Jan 2006

The Sixth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law, William Michael Treanor, Ben A. Indek, Jill E. Fisch, Edward F. Greene

Fordham Journal of Corporate & Financial Law

No abstract provided.


The 2004 Amendments To The Federal Sentencing Guidelines And Their Implicit Call For A Symbiotic Integration Of Business Ethics, Hess David, Robert S. Mcwhorter, Timothy L. Fort Jan 2006

The 2004 Amendments To The Federal Sentencing Guidelines And Their Implicit Call For A Symbiotic Integration Of Business Ethics, Hess David, Robert S. Mcwhorter, Timothy L. Fort

Fordham Journal of Corporate & Financial Law

No abstract provided.


State Action Antitrust Exemption Collides With Deregulation: Rehabilitating The Foreseeability Doctrine, Elizabeth Trujillo Jan 2006

State Action Antitrust Exemption Collides With Deregulation: Rehabilitating The Foreseeability Doctrine, Elizabeth Trujillo

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Economy Of Communion Project, Luigino Bruni, Amelia J Uelmen Jan 2006

The Economy Of Communion Project, Luigino Bruni, Amelia J Uelmen

Fordham Journal of Corporate & Financial Law

No abstract provided.


Does The Law Encourage Unethical Conduct In The Securities Industry?, Di Lorenzo Vincent Jan 2006

Does The Law Encourage Unethical Conduct In The Securities Industry?, Di Lorenzo Vincent

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Hidden Life Of Consumer Bankruptcy Reform, Jason J. Kilborn Jan 2006

The Hidden Life Of Consumer Bankruptcy Reform, Jason J. Kilborn

Vanderbilt Journal of Transnational Law

This Article offers a unique perspective on the heavily revised U.S. consumer bankruptcy law, which went effect on October 17, 2005, in light of a surprising discovery: It turns out that the U.S. consumer bankruptcy system as "reformed" resembles in many critical respects the consumer bankruptcy system in place for the past six years in the Netherlands. As a result of this serendipitous U.S.-Dutch convergence, years of experience under the Dutch consumer debt relief system can provide a rare glimpse into the future of the new U.S. system. The Dutch law in practice has diverged in significant ways from legislative …


Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue Jan 2006

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Michigan Journal of International Law

This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …


What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead Jan 2006

What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead

Michigan Journal of International Law

This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.


The $7 Trillion Question: Mutual Funds & Investor Welfare - Fund Governance Going Forward, Diane Ambler, John C. Bogle, William Foulk, James Hanks Jan 2006

The $7 Trillion Question: Mutual Funds & Investor Welfare - Fund Governance Going Forward, Diane Ambler, John C. Bogle, William Foulk, James Hanks

Journal of Business & Technology Law

No abstract provided.


The Martin Act: An Overview, Frank C. Razzano Jan 2006

The Martin Act: An Overview, Frank C. Razzano

Journal of Business & Technology Law

No abstract provided.


Important Terms For Inclusion In Confidential Settlement Agreements For Financial Services Companies, Bryan D. Bolton Jan 2006

Important Terms For Inclusion In Confidential Settlement Agreements For Financial Services Companies, Bryan D. Bolton

University of Baltimore Law Review

No abstract provided.


Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren Jan 2006

Chip Away At The Stone: The Validity Of Pre-Bankruptcy Clauses Contracting Around Section 363 Of The Bankruptcy Code, Matthew P. Goren

NYLS Law Review

No abstract provided.


The $7 Trillion Question: Mutual Funds & Investor Welfare - Overview And Update, Margaret A. Bancroft, Jay G. Baris, Lisa Fairfax, Tamar Frankel Jan 2006

The $7 Trillion Question: Mutual Funds & Investor Welfare - Overview And Update, Margaret A. Bancroft, Jay G. Baris, Lisa Fairfax, Tamar Frankel

Journal of Business & Technology Law

No abstract provided.


The $7 Trillion Question: Mutual Funds & Investor Welfare - Reflections On The Evolution Of Mutual Fund Governance, John C. Bogle Jan 2006

The $7 Trillion Question: Mutual Funds & Investor Welfare - Reflections On The Evolution Of Mutual Fund Governance, John C. Bogle

Journal of Business & Technology Law

No abstract provided.


The $7 Trillion Question: Mutual Funds & Investor Welfare - Mutual Funds & Corporate Governance, Lucien Bebchuk, Timothy Forde, Michael Garland, Henry Hopkins Jan 2006

The $7 Trillion Question: Mutual Funds & Investor Welfare - Mutual Funds & Corporate Governance, Lucien Bebchuk, Timothy Forde, Michael Garland, Henry Hopkins

Journal of Business & Technology Law

No abstract provided.


The $7 Trillion Question: Mutual Funds & Investor Welfare - Alternative Structures And Strategies For Investors, Richard A. Booth, Michael Degeorge, Joseph Hardiman, Henry Hu Jan 2006

The $7 Trillion Question: Mutual Funds & Investor Welfare - Alternative Structures And Strategies For Investors, Richard A. Booth, Michael Degeorge, Joseph Hardiman, Henry Hu

Journal of Business & Technology Law

No abstract provided.


Who Should Recover What For Late Trading And Market Timing?, Richard A. Booth Jan 2006

Who Should Recover What For Late Trading And Market Timing?, Richard A. Booth

Journal of Business & Technology Law

No abstract provided.


How Did We Get Into This Mess?, Tamar Frankel Jan 2006

How Did We Get Into This Mess?, Tamar Frankel

Journal of Business & Technology Law

No abstract provided.


The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy Jan 2006

The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy

UIC Law Review

No abstract provided.


Shareholders' Rights To A Cause Of Action Under The Investment Company Act Of 1940 Following Exxon Mobil V. Allapattah, 39 J. Marshall L. Rev. 1521 (2006), Renee Labuz Jan 2006

Shareholders' Rights To A Cause Of Action Under The Investment Company Act Of 1940 Following Exxon Mobil V. Allapattah, 39 J. Marshall L. Rev. 1521 (2006), Renee Labuz

UIC Law Review

No abstract provided.


Decisionmaking And The Limits Of Disclosure: The Problem Of Predatory Lending: Price, Lauren E. Willis Jan 2006

Decisionmaking And The Limits Of Disclosure: The Problem Of Predatory Lending: Price, Lauren E. Willis

Maryland Law Review

No abstract provided.


Constitutional Cash: Are Banks Guilty Of Racial Profiling In Implementing The United States Patriot Act?, Cheryl R. Lee Jan 2006

Constitutional Cash: Are Banks Guilty Of Racial Profiling In Implementing The United States Patriot Act?, Cheryl R. Lee

Michigan Journal of Race and Law

This Article begins by comparing the concerns of American racial profiling to current terrorism concerns. Part II is an overview of the Bank Secrecy Act and its role in privacy issues concerning bank customers (as the predecessor to the USA Patriot Act). Here, the value of traditional reporting devices, specifically CTRs and SARs used by banks to alert law enforcement to possible terrorist activities, are discussed and evaluated. The facts suggest these reports have been ineffective in identifying terrorists, and have not only greatly infringed upon First Amendment privacy rights, but also diminished the Fourth Amendment protection against warrant-less searches …


Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz Jan 2006

Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz

UIC Law Review

No abstract provided.