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Articles 1 - 7 of 7
Full-Text Articles in Law
Foreword, Michelle Arnopol Cecil
Foreword, Michelle Arnopol Cecil
Missouri Law Review
With the tumultuous period after the enactment of BAPCPA as our backdrop, hundreds of academics, practitioners, and judges gathered together for a two-day symposium to explore the positive and negative aspects of bankruptcy reform from a variety of interdisciplinary perspectives. This volume of the Missouri Law Review is devoted almost exclusively to that symposium. Not only does it include the ten participants' written scholarship that emerged from that extraordinary setting, during which we all benefitted tremendously from the input of others who had thought about, written about, and worked with the provisions of BAPCPA, but it also contains a fascinating …
Either Ombudsman Or Consumer Court-Bank Customers Have A Choice!, Gopala Krishna Vavilala, Aparna Meduri
Either Ombudsman Or Consumer Court-Bank Customers Have A Choice!, Gopala Krishna Vavilala, Aparna Meduri
Aparna Meduri
Consumer grievances in banking services originate from the breach of contractual and non-contractual obligations of banks. While consumer courts are empowered to deal with deficiency of service arising out of contractual obligations, Ombudsman is positioned as an additional and distinct redressal forum to deal with both contractual and non-contractual breaches of expected performance by the banks. Most of the non-contractual breaches of expected performance by the banks. Most of the non-contractual obligations of banks are created by the customer service guidelines of the Reserve Bank of India (RBI). This paper attempts to evaluate the relative efficacies of institutional mechanisms of …
Predatory Structured Finance, Christopher L. Peterson
Predatory Structured Finance, Christopher L. Peterson
ExpressO
Predatory lending is a real, pervasive, and destructive problem as demonstrated by record settlements, jury awards, media exposes, and a large body of empirical scholarship. Currently the national debate over predatory mortgage lending is shifting to the controversial question of who should bear liability for predatory lending practices. In today’s subprime mortgage market, originators and brokers quickly assign home loans through a complex and opaque series of transactions involving as many as a dozen different strategically organized companies. Loans are typically transferred into large pools, and then income from those loans is “structured” to appeal to different types of investors. …
Breaking The Bank: Reconsidering Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia R. Taylor
Breaking The Bank: Reconsidering Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia R. Taylor
Missouri Law Review
This Article addresses one small aspect of gatekeeper liability, arguing that it is time to reinstate aiding and abetting liability for such "secondary actors" in suits brought by private parties under Section 10(b) and Rule I Ob-5 of the Securities Exchange Act of 1934 (the "'34 Act").' Although the Securities Exchange Commission (the "SEC") currently has the authority to pursue such claims, the Supreme Court in Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. ("Central Bank")2 held that private parties do not. Because aiding and abetting liability is an important weapon in the fight to deter …
Signed, Sealed, Delivered, And Then…: An Evaluation Of The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States, Alexandra R. Harrington
Signed, Sealed, Delivered, And Then…: An Evaluation Of The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States, Alexandra R. Harrington
Richmond Journal of Global Law & Business
No abstract provided.
Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner
Consuming Debt: Structuring The Federal Response To Abuses In Consumer Credit, Heidi Mandanis Schooner
Scholarly Articles
Predatory lending is an avaricious fraud that demands attention. Several states have enacted new laws to combat predatory lending. Moreover, the battle against predatory lending and other abusive practices has focused attention on the overall structure of consumer credit laws. The current structure is dual; both state and federal governments play significant roles in combating credit fraud. The dual structure has been the source of controversy as federal regulators have claimed the power to preempt state law. This article furthers the structural debate and the effort to combat predatory lending by examining the architecture of consumer credit laws within the …
Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael
Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael
Law Faculty Scholarly Articles
The terrorist attacks of September 11, 2001, and the accounting and auditing crisis later caused by the Enron and Worldcom scandals of that same year, created a great sense of insecurity in many Americans. In this Article, I analyze the federal government's response to crisis. I first define what a crisis is: a sudden, existential threat to which the entity has insufficient resources to respond. I then explain how regulation for safety and security is unique in two aspects: perceptions matter, and the assistance of the regulated entities is essential. I proceed by describing and analyzing the regulatory history and …