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2009

Journal

Banking and Finance Law

Institution
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Articles 1 - 30 of 69

Full-Text Articles in Law

Rethinking The "Law And Finance" Paradigm, Katharina Pistor Dec 2009

Rethinking The "Law And Finance" Paradigm, Katharina Pistor

BYU Law Review

No abstract provided.


Law And Finance: Inaccurate, Incomplete, And Important, Ruth V. Aguilera, Cynthia A. Williams Dec 2009

Law And Finance: Inaccurate, Incomplete, And Important, Ruth V. Aguilera, Cynthia A. Williams

BYU Law Review

No abstract provided.


Law And Financial Development: What We Are Learning From Time-Series Evidence, John Armour, Simon Deakin, Viviana Mollica, Mathias Siems Dec 2009

Law And Financial Development: What We Are Learning From Time-Series Evidence, John Armour, Simon Deakin, Viviana Mollica, Mathias Siems

BYU Law Review

No abstract provided.


Risky Ventures: The Impact Of Irs Health Care Joint Venture Policy, Roger P. Meyers Dec 2009

Risky Ventures: The Impact Of Irs Health Care Joint Venture Policy, Roger P. Meyers

University of Michigan Journal of Law Reform

IRS oversight of joint ventures between exempt and for-profit organizations has undergone substantial change over the past thirty years. This change has important consequences for the health care industry, where joint ventures have grown increasingly common. In the face of unclear guidance and aggressive enforcement of exemption-policing tools such as the private benefit doctrine and the control test, a hospital risks revocation of its tax-exempt status, or liability for unrelated business income tax, when it engages in a joint venture directly. It may be able to eliminate this risk by operating the same joint venture through a for-profit subsidiary; however, …


Voting With Their Feet And Dollars: The Role Of Investors And The Influence Of The Mutual Fund Market In Regulating Fees, Anna C. Leist Oct 2009

Voting With Their Feet And Dollars: The Role Of Investors And The Influence Of The Mutual Fund Market In Regulating Fees, Anna C. Leist

William & Mary Law Review

No abstract provided.


Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman Sep 2009

Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


The End Of The (Virtual) World, Joshua A.T. Fairfield Sep 2009

The End Of The (Virtual) World, Joshua A.T. Fairfield

West Virginia Law Review

No abstract provided.


Disquiet On The Home Front: Disturbing Crises In The Nation's Markets And Institutions, Shelby D. Green Sep 2009

Disquiet On The Home Front: Disturbing Crises In The Nation's Markets And Institutions, Shelby D. Green

Pace Law Review

No abstract provided.


Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire Sep 2009

Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire

Pace Law Review

No abstract provided.


Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy Sep 2009

Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy

Pace Law Review

No abstract provided.


Nationalization, De-Nationalization, Re-Nationalization: Some Historical And Comparative Perspective, Mark A. Edwards Sep 2009

Nationalization, De-Nationalization, Re-Nationalization: Some Historical And Comparative Perspective, Mark A. Edwards

Pace Law Review

No abstract provided.


Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo Sep 2009

Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo

Pace Law Review

No abstract provided.


Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell Sep 2009

Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell

Pace Law Review

No abstract provided.


A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia Sep 2009

A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia

Pace Law Review

No abstract provided.


State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner Sep 2009

State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner

Pace Law Review

No abstract provided.


The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox Sep 2009

The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox

Pace Law Review

No abstract provided.


A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg Sep 2009

A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg

Pace Law Review

No abstract provided.


When Securitization Complicates The Issue: What Are The Homeowner's Defenses To Foreclosure?, Victoria V. Corder Sep 2009

When Securitization Complicates The Issue: What Are The Homeowner's Defenses To Foreclosure?, Victoria V. Corder

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Electronic Money And The Law: Legal Realities And Future Challenges, Nobuhiko Sugiura, Jean J. Luyat Aug 2009

Electronic Money And The Law: Legal Realities And Future Challenges, Nobuhiko Sugiura, Jean J. Luyat

Washington International Law Journal

The following is a translation of Electronic Money and the Law: Legal Realities and Future Challenges, an essay written by Professor Nobuhiko Sugiura in the August 1, 2008 issue of the Japanese periodical Jurisuto. Stored-value cards are growing rapidly in urban areas in Japan, to a degree where they are beginning to challenge cash as a primary method of payment. In this article, Professor Sugiura outlines the growth of stored-value cards, how stored-value cards should be defined, legal structures that currently regulate stored-value cards, and how growth and technological development are likely to affect that legal structure. As Japan’s takes …


A Tale Of Regulation In The European Union And Japan: Does Characterizing The Business Of Stored-Value Cards As A Financial Activity Impact Its Development?, Jean J. Luyat Aug 2009

A Tale Of Regulation In The European Union And Japan: Does Characterizing The Business Of Stored-Value Cards As A Financial Activity Impact Its Development?, Jean J. Luyat

Washington International Law Journal

The use of stored-value cards is growing rapidly in urban areas in Japan and gaining acceptance as a major means of payment. While institutional and cultural factors as well as business strategies go far in explaining the rapid growth of stored-value cards in Japan, regulation has also played an important role in enabling their use. In Japan, the regulation of stored-value cards has been mostly left to the Prepaid Card Law, which provides a comparatively simple regulatory framework with flexible capital requirements. The European Union (“EU”) and France provide a compelling counter-example to Japan; the EU has pursued a different …


The Aig Bailout, William K. Sjostrum, Jr. Jun 2009

The Aig Bailout, William K. Sjostrum, Jr.

Washington and Lee Law Review

On February 28, 2008, American International Group, Inc., the then largest insurance company in the United States, announced 2007 earnings of $6.20 billion or $2.39per share. Its stock closed that day at $50.15 per share. Less than seven months later, however, AIG was on the verge of bankruptcy and had to be rescued by the United States government through an $85 billion loan. Government aid has since grown to $182.5 billion, and AIG's stock recently traded at less than $1.00 per share. The Article explains why AIG, a company with $1 trillion in assets and $95.8 billion in shareholders' equity, …


Code, Crash, And Open Source: The Outsourcing Of Financial Regulation To Risk Models And The Global Financial Crisis, Erik F. Gerding May 2009

Code, Crash, And Open Source: The Outsourcing Of Financial Regulation To Risk Models And The Global Financial Crisis, Erik F. Gerding

Washington Law Review

The widespread use of computer-based risk models in the financial industry during the last two decades enabled the marketing of more complex financial products to consumers, the growth of securitization and derivatives, and the development of sophisticated risk-management strategies by financial institutions. Over this same period, regulators increasingly delegated or outsourced vast responsibility for regulating risk in both consumer finance and financial markets to these privately owned industry models. Proprietary risk models of financial institutions thus came to serve as a “new financial code” that regulated transfers of risk among consumers, financial institutions, and investors. The spectacular failure of financial-industry …


Principles, Prescriptions, And Polemics: Regulating Conflicts Of Interest In The Canadian Investment Fund Industry, Dan Awrey Apr 2009

Principles, Prescriptions, And Polemics: Regulating Conflicts Of Interest In The Canadian Investment Fund Industry, Dan Awrey

Dalhousie Law Journal

Conflicts ofinterest permeate the Canadian investment fund industry. In response, securities regulators have promulgated National Instrument 81-107 Independent Review Committee for Investment Funds. In the view of securities regulators, NI 81-107 reflects a "principles-based" approach toward the regulation of conflicts of interest. This Article articulates a theoretical conception of principles-based securities regulation, one which transcends the formalism of the traditional "rules" versus "principles" debate to reveal a new regulatory paradigm. Thereafter, the author explores whether and to what extent NI 81-107 truly reflects this principlesbased paradigm, manifesting the potential to tap into its inherent wisdom while at the same time …


Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina Mar 2009

Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina

San Diego International Law Journal

Modern Ukrainian commercial law started to develop following the break-up of the Soviet Union in August 1991 and the reemergence of Ukraine as an independent democratic state. As a result of the break-up, in 1991 the new state of Ukraine inherited the jurisprudence, institutions and government of the former Ukrainian Soviet Socialist Republic. While Ukraine quickly shed its Soviet past by changing the communist names of streets and institutions, the transition was not as easy when it came to substantive changes in Ukrainian jurisprudence and legal thinking. Ukraine needed to develop its own system of law to establish an open …


Introduction, North Carolina Banking Institute Mar 2009

Introduction, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


In Remembrance: Donald F. Clifford, Jr., Lissa L. Broome Mar 2009

In Remembrance: Donald F. Clifford, Jr., Lissa L. Broome

North Carolina Banking Institute

No abstract provided.


Filling A Regulatory Gap: It Is Time To Regulate Over-The-Counter Derivatives, Thomas Lee Hazen Mar 2009

Filling A Regulatory Gap: It Is Time To Regulate Over-The-Counter Derivatives, Thomas Lee Hazen

North Carolina Banking Institute

No abstract provided.


The New Crisis For The New Century: Some Observations On The Big-Picture Lessons Of The Global Financial Crisis Of 2008, Saule T. Omarova Mar 2009

The New Crisis For The New Century: Some Observations On The Big-Picture Lessons Of The Global Financial Crisis Of 2008, Saule T. Omarova

North Carolina Banking Institute

No abstract provided.


Loan Modifications: Turbulent Times - Troublesome Topics, J. Thomas Dunn Jr. Mar 2009

Loan Modifications: Turbulent Times - Troublesome Topics, J. Thomas Dunn Jr.

North Carolina Banking Institute

No abstract provided.


Wall Street Meets Main Street: Understanding The Financial Crisis, Eamonn K. Moran Mar 2009

Wall Street Meets Main Street: Understanding The Financial Crisis, Eamonn K. Moran

North Carolina Banking Institute

No abstract provided.