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Articles 1 - 30 of 86
Full-Text Articles in Banking and Finance Law
The Role Of Legal Doctrine In The Decline Of The Islamic Waqf: A Comparison With The Trust, Jeffrey A. Schoenblum
The Role Of Legal Doctrine In The Decline Of The Islamic Waqf: A Comparison With The Trust, Jeffrey A. Schoenblum
Vanderbilt Law School Faculty Publications
The Waqf and the trust have an ancient, intertwined history. However, whereas the Waqf has largely remained a static institution, the trust has proven remarkably flexible and responsive to changing conditions affecting intergenerational management of family wealth and its preservation. While there is a temptation to find clones in legal constructs of different cultures, care must be exercised to avoid simplistic or superficial generalizations. This is true of the Waqf and the trust. It would be intriguing to find comparable wealth administration and preservation constructs in these two great systems of law. This is simply not the case with the …
Good Governance As A Counter Insurgency Agenda To Oppositional And Transformative Social Projects In International Law, James Thuo Gathii
Good Governance As A Counter Insurgency Agenda To Oppositional And Transformative Social Projects In International Law, James Thuo Gathii
Buffalo Human Rights Law Review
No abstract provided.
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Letters Of Credit, Voidable Preferences, And The Independence Principle, William H. Widen, David Gray Carlson
Articles
No abstract provided.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson
Articles
No abstract provided.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
Articles
The article argues that the earmarking doctrine, a judge-created exception to 547b liability, should be reinterpreted under 547c1 of the Bankruptcy Code. It posits that the doctrine's current reliance on vague concepts like "control" is legally unsound and inconsistent with statutory intent. By aligning earmarking with the contemporaneous exchange defense under 547c1, the analysis would focus on the parties' intent and the timing of the exchange, eliminating the need for the controversial control criterion. This approach would bring clarity and consistency to bankruptcy law, preventing arbitrary outcomes and ensuring compliance with the Bankruptcy Code.
19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones
19th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Thurman Senn, Michael Whiteman, Garry Throckmorton, James H. Newberry, Benjamin Cowgill Jr., R. Gregg Hovious, Victor B. Maddox, S. Tracy Jefferson, J. Mark Grundy, Erin N. O'Daniel, Lea Pauley Goff, Walter R. Byrne, Debra K. Stamper, John T. Mcgarvey, J. Rick Jones
Continuing Legal Education Materials
Materials from the 19th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in May 1999.
Montana's Foreign Capital Depository Act, David Aronofsky
Montana's Foreign Capital Depository Act, David Aronofsky
Vanderbilt Journal of Transnational Law
In 1997, Montana attracted national and world financial attention when Montana Governor Mark Racicot signed into law Senate Bill 83, the Foreign Capital Depository Act (Act), creating the first U.S. state-chartered financial entity designed solely for attracting non-U.S. capital. Depicted by skeptics as an unworkable "Panama without the Canal," "Switzerland of the Rockies" and "Rocky Mountain High," Montana is nonetheless pursuing a creative approach to increased state revenues that capitalizes on the state's unique privacy laws as well as innovative statutory drafting. The Act warrants attention from offshore assets owners and managers who seek U.S. stability in a state committed …
Roundtable Discussion, David Aronofsky, Barry S. Engel, Eric Henzy, Gideon Rothschild, Jeffrey A. Schoenblum
Roundtable Discussion, David Aronofsky, Barry S. Engel, Eric Henzy, Gideon Rothschild, Jeffrey A. Schoenblum
Vanderbilt Journal of Transnational Law
Welcome to the Roundtable panel discussion. Each of the speakers is going to open with a few minutes statement. And then we're going to pose some questions to open discussion, so it will take people through the whole asset protection route from beginning to end, hopefully. And then, any questions you may have we believe we'll have sufficient time to ask those questions and have them answered. You may get very different views. And then we've just decided that the jury will decide whether asset protection trusts are a good thing or a bad thing. Okay. So pay attention.
The Entrance Of Banks Into Subprime Lending: First Union And The Money Store, Evan M. Gilreath
The Entrance Of Banks Into Subprime Lending: First Union And The Money Store, Evan M. Gilreath
North Carolina Banking Institute
No abstract provided.
Identity Theft: Prevention And Liability, Kristen S. Provenza
Identity Theft: Prevention And Liability, Kristen S. Provenza
North Carolina Banking Institute
No abstract provided.
An Introduction To The Euro, Tonya D. Horton
An Introduction To The Euro, Tonya D. Horton
North Carolina Banking Institute
No abstract provided.
Bankers Beware: The Risks Of Syndicated Credits, Megan Elizabeth Jones
Bankers Beware: The Risks Of Syndicated Credits, Megan Elizabeth Jones
North Carolina Banking Institute
No abstract provided.
Latimore V. Citibank Federal Savings Bank: A Journey Through The Labyrinth Of Lending Discrimination, Erin Elisabeth Dancy
Latimore V. Citibank Federal Savings Bank: A Journey Through The Labyrinth Of Lending Discrimination, Erin Elisabeth Dancy
North Carolina Banking Institute
No abstract provided.
Bankers Up - Professional Sports Facility Financing And Other Opportunities For Bank Involvement In Lucrative Professional Sports, Kerry M. Fraas
Bankers Up - Professional Sports Facility Financing And Other Opportunities For Bank Involvement In Lucrative Professional Sports, Kerry M. Fraas
North Carolina Banking Institute
No abstract provided.
Circling The Wagons: Has The Scope Of The Duties Of Bank Directors Faced With Bids For Acquisition Expanded, Todd Hammond Eveson
Circling The Wagons: Has The Scope Of The Duties Of Bank Directors Faced With Bids For Acquisition Expanded, Todd Hammond Eveson
North Carolina Banking Institute
No abstract provided.
How Banks Can Benefit From Partnership With Community Development Financial Institutions: The Bank Enterprise Awards Program, Calvin Cunningham
How Banks Can Benefit From Partnership With Community Development Financial Institutions: The Bank Enterprise Awards Program, Calvin Cunningham
North Carolina Banking Institute
No abstract provided.
Strategic Alliances: Why, How, And What To Watch For, David E. Brown Jr., Kathryn M. Cole, Joseph A. Smith Jr.
Strategic Alliances: Why, How, And What To Watch For, David E. Brown Jr., Kathryn M. Cole, Joseph A. Smith Jr.
North Carolina Banking Institute
No abstract provided.
Money Laundering: New Legislation And New Regulations, But Is It Enough, Bradley J-M. Runyon
Money Laundering: New Legislation And New Regulations, But Is It Enough, Bradley J-M. Runyon
North Carolina Banking Institute
No abstract provided.
The Evolution Of The Common Bond In Occupational Credit Unions: How Close Must The Tie That Binds Be, Amanda Masset
The Evolution Of The Common Bond In Occupational Credit Unions: How Close Must The Tie That Binds Be, Amanda Masset
North Carolina Banking Institute
No abstract provided.
The Future Of Nonbank Depository Financial Institutions, C. Dawn Causey
The Future Of Nonbank Depository Financial Institutions, C. Dawn Causey
North Carolina Banking Institute
No abstract provided.
Privacy And Accuracy Of Personal Information, L. Richard Fischer
Privacy And Accuracy Of Personal Information, L. Richard Fischer
North Carolina Banking Institute
No abstract provided.
Expansion And Innovation Predominant Themes Among North Carolina Financial Institutions In 1998, Lara L. Spencer
Expansion And Innovation Predominant Themes Among North Carolina Financial Institutions In 1998, Lara L. Spencer
North Carolina Banking Institute
No abstract provided.
Civil Rights And Mortgage Lending Discrimination: Establishing A Prima Facie Case Under The Disparate Treatment Theory, G. Carol Brani
Civil Rights And Mortgage Lending Discrimination: Establishing A Prima Facie Case Under The Disparate Treatment Theory, G. Carol Brani
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Brazil And The Global Financial Crisis: An Examination Of The Effect From Charlotte To Sao Paolo, Rachel V. Steinwender
Brazil And The Global Financial Crisis: An Examination Of The Effect From Charlotte To Sao Paolo, Rachel V. Steinwender
North Carolina Banking Institute
No abstract provided.
Intrabank Conflicts Of Interest, Peter C. Buck, Krista R. Bowen
Intrabank Conflicts Of Interest, Peter C. Buck, Krista R. Bowen
North Carolina Banking Institute
No abstract provided.
Impact Of Statement Of Financial Accounting Standards 133 On The Banking Industry, Mark O. Henry
Impact Of Statement Of Financial Accounting Standards 133 On The Banking Industry, Mark O. Henry
North Carolina Banking Institute
No abstract provided.
Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt
Once Is Not Enough: Preserving Consumers' Rights To Bankruptcy Protection, Susan L. Dejarnatt
Indiana Law Journal
No abstract provided.
International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury
International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury
Cardozo Journal of International and Comparative Law
The article examines the legal and economic framework governing trade between Israel and the Palestinian Authority (PA), emphasizing the critical role of trade in advancing the peace process. While the Declaration of Principles on Interim Self-Government Arrangements (DOP) and the Economic Protocol established foundational principles for economic cooperation, ambiguities in these agreements and practical challenges, such as border closures, hinder effective trade relations. The article argues that addressing these issues is essential to fostering economic interdependence and mutual benefit, which are key to sustaining peace and coexistence between Israelis and Palestinians.
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
Northwestern Journal of International Law & Business
This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …
Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer
Microfinance And The Mechanics Of Solidarity Lending: Improving Access To Credit Throught Innovations In Contract Structure, Jameel Jaffer
Florida State University Journal of Transnational Law & Policy
No abstract provided.