Banking and Finance Law Commons^™

The Development Of Banking In Taiwan: The Historical Impact On Future Challenges, Lawrence L.C. Lee

Maryland Series in Contemporary Asian Studies

No abstract provided.

Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty

UIC Law Review

No abstract provided.

Re-Examining Truth In Lending: Do Borrowers Actually Use Consumer Disclosures?, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Regulating Risk Not Function, Heidi Mandanis Schooner

Scholarly Articles

This Article examines our current scheme of bank regulation through an analysis of banks' securities activities -- how such activities are currently regulated and how they might be regulated in the future.

Part I summarizes the major restrictions on banks' securities activities, emphasizing recent regulatory initiatives aimed toward expanding banks' participation in the securities business.

Part II examines the application of the federal securities laws to banks' securities activities. (While banks enjoy some exemptions from the federal securities laws, they are subject to many of the most important provisions.) In addition, Part II sets forth the division of responsibility for …

18th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Debra K. Stamper, Arthur L. Freeman, Phillip H. Schwartz, Martha Andes Ziskind, Jessica R. Schumacher, Grace M. Giesel, John T. Mcgarvey, Holli Hart Targan, Lea Pauley Goff, Julie Mix Mcpeak, David L. Beckman, M. Thurman Senn, Thomas J. Luber, Walter R. Byrne, Caryn F. Price, R. James Straus

Continuing Legal Education Materials

Materials from the 18th Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in 1998.

Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde

Michigan Journal of International Law

Since 1995, the Organization for Economic Cooperation and Development has been sponsoring negotiation of a multilateral agreement on investment. Several multilateral agreements protecting foreign investment already exist, although these are limited in their applicability to certain regions or sectors of the economy. This article argues that the consensus is not necessarily permanent, but reflects the momentary confluence of several political and economic trends. It concludes that, if the consensus is to be maintained, then States must use this moment to ensure the success of liberalism, rather than to seize temporary economic advantage. In essence, if a liberal investment regime is …

The Challenge To Financial Regulators Posed By Social Security Privatization, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The De Minimis Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud., Sean M. O'Connor

Richmond Journal of Law & Technology

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial …

Reflections On The Papers Presented By Weiler, Goebel, And Meyers & Levie, George A. Bermann

Faculty Scholarship

The preceding papers amply demonstrate that an important step in the progressive integration of the European Union can be a compelling one without being an easy one. The transition to economic and monetary union (EMU) in Europe is precisely such a step. In this brief comment, I hope merely to show that, however powerful may be the case for economic and monetary union, passage to it is both generating institutional misgivings and entailing what could be institutional mistakes.

I begin with the case for economic and monetary union, which I consider to be a very strong one indeed. Not many …

Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.

The Role Of The Courts In The Securities Industry, Kevin T. Duffy, John N. Tognino

Fordham Journal of Corporate & Financial Law

No abstract provided.

New Crises In Asia, Bradley Belt, Malcolm Binks, Dominick Salvatore

Fordham Journal of Corporate & Financial Law

No abstract provided.

New Initiatives, Hedi H. Reynolds

Fordham Journal of Corporate & Financial Law

No abstract provided.

New Competitors, Thomas Ryan, Mary M. Mcdermott-Holland, Arthur Kearney, Dennis Marino, Arthur Pacheco, James J. Mcdermott Jr.

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael

Law Faculty Scholarly Articles

An important part of the law of creditors' remedies is the ability of creditors to recover property formerly held by the debtor, but transferred to others under circumstances that are considered to be unfair or inequitable. There are two principal ways a creditor can seek to have a debtor's transfer characterized as unfair in order to recover it. First, a transfer to another creditor or a third party can be fraudulent as to one or all of the remaining creditors, or may be deemed to be fraudulent because of the circumstances surrounding the transfer, such as a transfer made by …

New Rules And Regulations, Constantine N. Katsoris, Richard Lindsey, Robert Mcsweeney, Eugene Lopez, Yusif Simaan, Edward Fleishmann

Fordham Journal of Corporate & Financial Law

No abstract provided.

Towards An International Financial Centre For Greater China: Hong Kong And Infrastructural Reform, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.

Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang

LLM Theses and Essays

The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …

To Love, Honor, And (Oh) Pay: Should Spouses Be Forced To Pay Each Other's Debts?, A. Mechele Dickerson

Faculty Publications

No abstract provided.

Banking In North America: The Triumph Of Public Choice Over Public Policy, Eric J. Gouvin

Faculty Scholarship

This Article examines the state of cross-border banking in the NAFTA countries and the question of whether member country banks should be permitted to branch freely throughout North America. Under present law, the United States permits foreign banks to branch into its territory subject to extensive restrictions, Canada has indicated that it plans to eliminate some restrictions on foreign branching, and Mexico continues to permit access to its banking markets only by investment in or establishment of an institution chartered in Mexico. Article 1403(3) of the NAFTA left the issue of cross-border branching open to subsequent negotiation. If the decision …

Logos, Links, And Lending: Towards Standardized Privacy And Use Policies For Banking Web Sites, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Role Of Corporate Law In French Corporate Governance, James A. Fanto

Faculty Scholarship

No abstract provided.

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Vanderbilt Journal of Transnational Law

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part II describes the Swiss tradition of bank secrecy. …

Corporate Democracy -- Not Such A Radical Idea, Carlin Meyer

Other Publications

No abstract provided.

The Off-Reservation Garnishment Of An On-Reservation Debt And Related Issues In The Cross-Boundary Enforcement Of Money Judgements, Robert Laurence

American Indian Law Review

No abstract provided.

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Articles

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part 11 describes the Swiss tradition of bank secrecy. …

Understanding The Choice Between Public And Private Equity Financing Of Early Stage Companies: A Comment On Barry And Turki, Ronald J. Gilson

Faculty Scholarship

This Comment considers the results of Barry and Turki's research data that indicates that investments perform differently depending on whether innovation is financed by private or public equity investment. The Comment posits two hypotheses for the differential performance. The first highlights ex ante differences between private and public subsamples, that is that the financing choice separates good prospects from bad. The second hypothesis focuses on ex post differences in performance that results from differences in governance structure and incentives created by the structure of public and private equity investment. The ex ante separation hypothesis and the ex post performance hypothesis …

Deutsche Telekom, German Corporate Governance, And The Transition Costs Of Capitalism, Jeffrey N. Gordon

Faculty Scholarship

In November 1996, Deutsche Telekom AG, the government-owned German telephone company, sold common stock representing approximately 25 percent of the company in a global stock offering that raised approximately DM 20 billion ($13 billion), the largest equity offering ever in Europe. In selling off this equity stake, the German government (i.e., the Federal Republic) had a number of motives. First, the sale was an important step in converting a government-run telephone monopoly into a nimble competitor in the emerging European and world telecommunications market. In anticipation of a fully competitive European telecommunications regime in 1998, Deutsche Telekom ("DT") had been …

The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor

Articles

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial disclosure …