Banking and Finance Law Commons^™

Preemption, Agency Cost Theory, And Predatory Lending By Banking Agents: Are Federal Regulators Biting Off More Than They Can Chew , Christopher L. Peterson

American University Law Review

A pitched battle is currently being waged for control of the American banking industry. For over a hundred years, the federal and state governments have maintained a complex, but relatively stable truce in their contest for power. At the beginning of our republic, state governments were the primary charterers and regulators of banks. In the wake of the Civil War, the National Bank Act created parity between federal and state banks, cementing the notion of a dual banking system that endured through the twentieth century. But in the past five years, the federal government has increasingly used its powers under …

The Turn To Ethics: Disinvestment From Multinational Corporations For Human Rights Violations - The Case Of Norway's Sovereign Wealth Fund, Simon Chesterman

American University International Law Review

No abstract provided.

Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development, Daniel D. Bradlow

Human Rights Brief

No abstract provided.

Training Law Students To Be International Transactional Lawyers - Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Finkelstein

Scholarly Articles in Law Reviews & Journals

The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing agreement and a long-term supply contract. The students, who attend either the American University Washington College of Law or the Centre for Energy Mineral and …

Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.

An Empirical Analysis Of Investment Treaty Awards, Susan Franck

Scholarly Articles in Law Reviews & Journals

I. INTRODUCTION

Earlier speakers offered insights about investment law and its implications for the future of domestic administrative law and international law. To bring us full circle, I will discuss where we are today so that we can consider where we want development law to be tomorrow. In pursuit of that goal, I offer empirical data related to investment treaty arbitration. My goal today is to focus on three claims about investment treaty arbitration and consider the data's potential implications.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Balancing Rights With Responsibilities: Looking For The Global Drivers Of Materiality In Corporate Social Responsibility & The Voluntary Initiatives That Develop And Support Them , Rachel Kyte

American University International Law Review

No abstract provided.

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

Sustainable Development Law & Policy

No abstract provided.

Conditional Cash Transfers: Progress Towards The Millennium Development Goals, Blase Kornacki

Sustainable Development Law & Policy

No abstract provided.

The Politics Of The Millennium Development Goals In Africa: Is Global Partnership Really Working?, Charles Mutasa

Sustainable Development Law & Policy

No abstract provided.

The Millennium Development Goal Aid Targets, And The Costs Of Over-Expectations, Michael A. Clemens, Charles J. Kenny, Todd J. Moss

Sustainable Development Law & Policy

No abstract provided.

Creditors' Imagined Communities And The Unfettered Expansion Of Secured Lending, Heather Hughes

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Co-Invest At Your Own Risk: An Exploration Of Potential Remedial Theories For Breaches Of Rights First Refusal In The Venture Capital Context, Elizabeth Cosenza

American University Law Review

No abstract provided.

The Financial Service Industry And Climate Change: Insurance And Reinsurance, Cari Shiffman

Sustainable Development Law & Policy

No abstract provided.

The Prototype Carbon Fund: A New Departure In International Trusts And Securities Law, Sophie Smyth

Sustainable Development Law & Policy

No abstract provided.

Keeping It Private, Going Public: Assessing, Monitoring, And Disclosing The Global Warming Performance Of Project Finance, Julia Philpott

Sustainable Development Law & Policy

No abstract provided.

Harmonization Around Results Reporting: A Synthesis Of Four Country Studies, Elizabeth M. White, Rosalía Rodriguez-García, Rema Balasundaram

Sustainable Development Law & Policy

No abstract provided.

Keeping Cell Phones Affordable: Regulating The Private Sector's Contribution To Development, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.

Private Complainants And International Organizations: A Comparative Study Of The Independent Inspection Mechanisms In International Financial Institutions, Daniel D. Bradlow

Scholarly Articles in Law Reviews & 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 …

Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay

Sustainable Development Law & Policy

No abstract provided.

The "Equator Principles": Improved Social Responsibility In The Private Finance Sector, Miki Kamijyo

Sustainable Development Law & Policy

No abstract provided.

Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere

Sustainable Development Law & Policy

No abstract provided.

Free, Prior And Informed Consent And The World Bank Group, Robert Goodland

Sustainable Development Law & Policy

No abstract provided.

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin

American University Law Review

No abstract provided.

Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Microcredit: Fulfilling Or Belying The Universalist Morality Of Globalizing Markets, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Uses Of New Capital Markets: Electronic Commerce And The Rules Of The Game In An International Marketplace , Andrea M. Corcoran

American University Law Review

No abstract provided.