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Banking and Finance Law Commons™

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1997

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Articles 1 - 30 of 76

Full-Text Articles in Banking and Finance Law

Commercial And Banking Law, Robert A. Weber Jr. Dec 1997

Commercial And Banking Law, Robert A. Weber Jr.

Mercer Law Review

Last year's article limited its coverage to cases interpreting provisions of Georgia's Commercial Code. Although the courts have provided ample material to again dedicate the entire survey to that topic, to do so would ignore other substantive bodies of law that have had a significant impact on a commercial law practice. Therefore, in addition to a review of the standard Commercial Code topics (sales, negotiable instruments and bank collections, and secured transactions), this year's survey has endeavored to summarize case law and legislative enactments within the past year in the following categories: banking and finance, consumer protection, contracts of employment, …


How Efficient Markets Undervalue Stocks: Capm And Ecmh Under Conditions Of Uncertainty And Disagreement, Lynn A. Stout Nov 1997

How Efficient Markets Undervalue Stocks: Capm And Ecmh Under Conditions Of Uncertainty And Disagreement, Lynn A. Stout

Cornell Law Faculty Publications



Asset Securitization And Corporate Risk Allocation, Christopher W. Frost Nov 1997

Asset Securitization And Corporate Risk Allocation, Christopher W. Frost

Law Faculty Scholarly Articles

Asset securitization is a financial innovation in which corporations sell financial assets to a specially formed entity that in turn taps financial markets for the purchase price. The device provides firms an alternative to raising capital through traditional debt and equity markets. Practitioners of the approach tout securitization as a means through which a firm can lower its overall cost of capital by limiting the risk facing investors in the securitized assets. Commentators have described asset securitization as "one of the most important financing vehicles in the United States." Interest in the device is increasing dramatically as more companies see …


Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann Nov 1997

Startegy And Force In The Liquidation Of Secured Debt, Ronald J. Mann

Michigan Law Review

The question of why parties use secured debt is one of the most fundamental questions in commercial finance. The commonplace answer focuses on force: A grant of collateral to a lender enhances the lender's ability to collect its debt by enhancing the lender's ability to take possession of the collateral by force and sell it to satisfy the debt. That perspective draws considerable support from the design of the major legal institutions that support secured debt: Article 9 of the Uniform Commercial Code and the less uniform state laws regarding real estate mortgages. Both of those institutions are designed solely …


Oct. 8, 1997, J. Piercy, Statement On Consultations With Private Sector On Ifc-Miga Inspection Function, Jan Piercy Oct 1997

Oct. 8, 1997, J. Piercy, Statement On Consultations With Private Sector On Ifc-Miga Inspection Function, Jan Piercy

CAO Creation Pre-1999

No abstract provided.


Oct. 7, 1997, D. Clark And D. Hunter, Ciel, And A. Durbin, Foe, Letter To Board Code Members Re Inspection Mechanism For Ifc And Miga, David Hunter, Dana Clark, Andrea Durbin Oct 1997

Oct. 7, 1997, D. Clark And D. Hunter, Ciel, And A. Durbin, Foe, Letter To Board Code Members Re Inspection Mechanism For Ifc And Miga, David Hunter, Dana Clark, Andrea Durbin

CAO Creation Pre-1999

This document is the cover letter dated October 7, 1997, from Dana Clark and David Hunter, Center for International Environmental Law (CIEL), and Andrea Durbin, Friends of the Earth--US (FoE-US) to Members of the Committee on Development Effectiveness, proposing an Inspection Mechanism for IFC/MIGA. Attached to the letter is the proposed draft resolution proposing an Independent Review Panel for the IFC and MIGA using the World Bank Inspection Panel as a starting point. The NGO proposal was part of the multi-year (1996-1998) discussions regarding the correct approach to n accountability mechanism for IFC. The eventual launch of the Compliance Advisor/Ombudsman …


Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas Oct 1997

Barnett Bank Brings The Business Of Insurance To The Attention Of Congress, Jeffrey H. Thomas

University of Arkansas at Little Rock Law Review

No abstract provided.


Sept. 19, 1997, Think Piece On Inspection Panel, Unattributed Sep 1997

Sept. 19, 1997, Think Piece On Inspection Panel, Unattributed

CAO Creation Pre-1999

No abstract provided.


Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont Sep 1997

Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Essays Of Warren Buffett: Lessons For Corporate America, Lawrence A. Cunningham Sep 1997

The Essays Of Warren Buffett: Lessons For Corporate America, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.


Agency Principles And Large Block Shareholders, Deborah A. Demott Sep 1997

Agency Principles And Large Block Shareholders, Deborah A. Demott

Cardozo Law Review

No abstract provided.


Buffett, Corporate Objectives, And The Nature Of Sheep, Henry T.C. Hu Sep 1997

Buffett, Corporate Objectives, And The Nature Of Sheep, Henry T.C. Hu

Cardozo Law Review

No abstract provided.


Dividends, Noncontractibility, And Corporate Law, William W. Bratton Sep 1997

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

Cardozo Law Review

No abstract provided.


Revisiting The Anti-Takeover Fervor Of The '80s Through The Letters Of Warren Buffett: Current Acquisition Practice Is Clogged By Legal Flotsam From The Decade, Dale Arthur Oesterle Sep 1997

Revisiting The Anti-Takeover Fervor Of The '80s Through The Letters Of Warren Buffett: Current Acquisition Practice Is Clogged By Legal Flotsam From The Decade, Dale Arthur Oesterle

Cardozo Law Review

No abstract provided.


The Human Corporation: Some Thoughts On Hume, Smith, And Buffett, Lawrence E. Mitchell Sep 1997

The Human Corporation: Some Thoughts On Hume, Smith, And Buffett, Lawrence E. Mitchell

Cardozo Law Review

No abstract provided.


Reflections On The Pricing Of Shares, Robert W. Hamilton Sep 1997

Reflections On The Pricing Of Shares, Robert W. Hamilton

Cardozo Law Review

No abstract provided.


Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark Aug 1997

Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark

CAO Creation Pre-1999

Prompted by public concern about alleged non-compliance with policies of the Bank Group, and project-specific controversies (such as the Pangue Dam on Chile's BioBio river), the President and top management of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA), the two private sector arms of the World Bank Group, have announced their intention to create a review mechanism patterned after the existing World Bank Inspection Panel (which only applies to the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)). Mr. Wolfensohn, in particular, has supported the extension of the Panel as …


A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel Jul 1997

A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Jun. 26, 1997, Nyu, Accountability In Environmental Decision-Making Roundtable, List Of Invitees And Agenda, Phillipe J. Sands, New York University School Of Law Jun 1997

Jun. 26, 1997, Nyu, Accountability In Environmental Decision-Making Roundtable, List Of Invitees And Agenda, Phillipe J. Sands, New York University School Of Law

CAO Creation Pre-1999

No abstract provided.


The Insider Story, Richard C. Reuben Jun 1997

The Insider Story, Richard C. Reuben

Faculty Publications

The central issue in United States v. O'Hagan, No. 96-842, is the validity of the so-called "misappropriation theory" of insider trader liability under Section 10(b) of the Securities and Exchange Act of 1934. 15 US.C. 78(j)(b). The justices heard oral arguments in April. If the theory propounded by federal regulators is endorsed by the Court, it would expand insider trader liability under U.S. law.


Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark Jun 1997

Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, Debra Pogrund Stark

University of Michigan Journal of Law Reform

Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property.

This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …


1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field Apr 1997

1996: Survey Of The Year's Developments In Electronic Cash Law And The Laws Affecting Electronic Banking In The United States, Richard L. Field

American University Law Review

No abstract provided.


How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson Apr 1997

How Best To Guide The Evolution Of Electronic Currency Law , Brian W. Smith, Ramsey J. Wilson

American University Law Review

No abstract provided.


How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas Apr 1997

How To Make A Mint: The Cryptography Of Anonymous Electronic Cash , Laurie Law, Susan Sabett, Jerry Solinas

American University Law Review

No abstract provided.


Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz Apr 1997

Electronic Stored Value Payment Systems, Market Position, And Regulatory Issues , Gary W. Lorenz

American University Law Review

No abstract provided.


How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt Apr 1997

How To Regulate Electronic Cash: An Overview Of Regulatory Issues And Strategies , Simon L. Lelieveldt

American University Law Review

No abstract provided.


Why Regulate Cybermoney? , David G. Oedel Apr 1997

Why Regulate Cybermoney? , David G. Oedel

American University Law Review

No abstract provided.


The World Bank’S Role In Controlling Corruption, Georgetown University Law Center Mar 1997

The World Bank’S Role In Controlling Corruption, Georgetown University Law Center

Philip A. Hart Memorial Lecture

In 1997, Professor of Law and Political Science, Susan Rose-Ackerman of Yale University, delivered the Georgetown Law Center’s seventeenth Annual Philip A. Hart Memorial Lecture: "The World Bank’s Role in Controlling Corruption."

Susan Rose-Ackerman is Henry R. Luce Professor of Law and Political Science, Yale University, and Co-director of the Law School’s Center for Law, Economics, and Public Policy. She holds a Ph.D. in economics from Yale University and has held fellowships from the Guggenheim Foundation and the Fullbright Commission. She was a visiting Research Fellow at the World Bank in 1995-96 where she did research on corruption and economic …


Selected Legal Issues Affecting Securitization, Michael S. Gambro, Scott Leichtner Mar 1997

Selected Legal Issues Affecting Securitization, Michael S. Gambro, Scott Leichtner

North Carolina Banking Institute

No abstract provided.


Community Reinvestment Act And Its Impact On Bank Mergers, Joseph Moore Mar 1997

Community Reinvestment Act And Its Impact On Bank Mergers, Joseph Moore

North Carolina Banking Institute

No abstract provided.