Banking and Finance Law Commons^™

How History Can Inform Practice In Modern U.S. Competition Policy, Timothy Muris

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No abstract provided.

Book Review: Benjamin Geva, Bank Collections And Payment Transactions, Arnold S. Rosenberg

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The author reviews Geva, Bank Collections and Payment Transactions (Oxford University Press, 2001). The book is the first comprehensive work on the comparative law of checks and electronic funds transfers, and attempts to identify a universal "law merchant" governing checks and electronic funds transfers in these bodies of law.

The Evolving Law On The Eurobank—Customer Relationship And The Common Law., Edmund M. Kwaw

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The traditional common law rules respecting the banker-customer relationship are based on the notion that money on deposit is physical cash that has a location. Since eurocurrency deposits are book entries and not deposits of cash, this approach gives rise to problems when it is applied to the relationship between a eurobank and its customer. Thus far, decisions involving eurocurrency market deposits have been far from certain as to whether the traditional common law or a modified approach applies to the relatoinship between the eurobank and its customer. There is the need for Courts to introduce clarity and certainty into …

After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares

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This paper focuses on curtailing the corruption inherent in the lending practices of the IMF and, subsequently, preventing another economic disaster as has occurred in Argentina. In fact, if it is at all to succeed in future attempts to restore a state’s monetary and fiscal standing, the IMF should incorporate language of the Accounting and Record-keeping provisions of the U.S. Foreign Corrupt Practices Act into its loan agreement policies, thereby conditioning its loans upon transparency and good governance over borrowed funds. Part I of this article introduces corruption and its affect on international lending. Part II describes the IMF and …

New Jersey’S Model Response To Predatory Lending, David J. Reiss

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As widespread media coverage has documented, predatory home lending practices have become rampant throughout the country and, notably, among low-and moderate-income and African American communities in New Jersey. Our article analyzes this emerging problem as a sometimes devastating side effect of the rapid increase in American home ownership, an otherwise almost completely desirable phenomenon.

Because predatory lending has been so difficult to define, states have struggled to regulate it. New Jersey, building on the work of a few other leading states, has drafted what many consider to be the new standard for predatory lending legislation, the Home Ownership Security Act. …

The Rational Exuberance Of Structuring Venture Capital Startups, Victor Fleischer

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This Article takes the bursting of the dot com bubble as an opportunity to reevaluate the tax structure of venture capital startups. By organizing startups as corporations rather than as partnerships, investors and entrepreneurs seem to leave money on the table by failing to fully use tax losses -- especially since the vast majority of startups fail. Conventional wisdom attributes the lack of attention paid to losses to a "gambler's mentality" or optimism bias. I argue here that the use of the corporate form is, in fact, rational, or at least that there is a method to the madness.

I …