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Banking and Finance Law Commons™

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2001

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Institution
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Publication
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Articles 1 - 30 of 89

Full-Text Articles in Banking and Finance Law

Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Cassandra Jones Havard Oct 2001

Invisible Markets Netting Visible Results: When Sub-Prime Lending Becomes Predatory, Cassandra Jones Havard

All Faculty Scholarship

In this article, I argue that Ellison's metaphor of social invisibility—the societal undervaluing of minorities—is analogous to economic invisibility—the denial of fair access to credit to minorities. I then use the metaphor of invisibility as a basis for understanding the contemporary legal problem of predatory lending, or making credit available to borrowers at unreasonably high interest rates. Disguised as credit access to high-risk, underserved borrowers, predatory lending helps to create risk by offering borrowers products that do not adequately measure risk and that are not fairly priced.


Reverse Mortgage Information Online, Robin Schard Oct 2001

Reverse Mortgage Information Online, Robin Schard

Articles

Reverse mortgages are a valuable tool that allow seniors to tap their home's equity. However, there are traps for the unwary


World Bank Study, Jennifer N. Weidner Sep 2001

World Bank Study, Jennifer N. Weidner

Buffalo Human Rights Law Review

No abstract provided.


Collection Law In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Sep 2001

Collection Law In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Collection Law in Kentucky held by UK/CLE in September 2001.


Causality And Responsibility, Glenn Shafer Jul 2001

Causality And Responsibility, Glenn Shafer

Cardozo Law Review

No abstract provided.


The Newness Of New Technology, Monroe E. Price Jul 2001

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.


Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota May 2001

Tax Treatments For Distressed Bank Loans: A Comparative Study Of The United States And Japanese Legal Systems, Yo Ota

Washington International Law Journal

A number of commentators in Japan have argued that tax treatments for distressed bank loans seem to be more generous in Japan than in the United States, and that, in contrast to Japan, the United States does not allow any deduction for loan loss reserves. However, such arguments have not been based upon a careful analysis of case law and actual tax authority practices. This Article presents a comparative study of the tax treatments for distressed bank loans in the United States and Japan. It analyzes corporate income tax legislation, administrative practices and case law in the 1980s and 1990s …


Eyeing The Future: Surviving The Criticisms Of Biometric Authentication, Robyn Moo-Young Apr 2001

Eyeing The Future: Surviving The Criticisms Of Biometric Authentication, Robyn Moo-Young

North Carolina Banking Institute

No abstract provided.


Savings For The Poor: The Hidden Benefits Of Electronic Banking: A Review And Response, Joseph A. Smith Jr. Apr 2001

Savings For The Poor: The Hidden Benefits Of Electronic Banking: A Review And Response, Joseph A. Smith Jr.

North Carolina Banking Institute

No abstract provided.


Capital Requirements For Merchant Banking, Ashley D. Fluhme Apr 2001

Capital Requirements For Merchant Banking, Ashley D. Fluhme

North Carolina Banking Institute

No abstract provided.


Warning Signs From Increases In Non-Performing Loans, John Murchison Apr 2001

Warning Signs From Increases In Non-Performing Loans, John Murchison

North Carolina Banking Institute

No abstract provided.


If You Can't Beat Them, Join Them: Dara Aggregators And Financial Institutions, Kimberly L. Wierzel Apr 2001

If You Can't Beat Them, Join Them: Dara Aggregators And Financial Institutions, Kimberly L. Wierzel

North Carolina Banking Institute

No abstract provided.


E-Sign: Will The New Law Increase Internet Security Allowing Online Mortgage Lending To Become Routine, Carrie A. O'Brien Apr 2001

E-Sign: Will The New Law Increase Internet Security Allowing Online Mortgage Lending To Become Routine, Carrie A. O'Brien

North Carolina Banking Institute

No abstract provided.


E-Sign Versus State Electronic Signature Laws: The Electronic Statutory Battleground, Adam R. Smart Apr 2001

E-Sign Versus State Electronic Signature Laws: The Electronic Statutory Battleground, Adam R. Smart

North Carolina Banking Institute

No abstract provided.


Dueling Dollars: The Story Of Sacagawea's Journey, Richard R. Holley Iii Apr 2001

Dueling Dollars: The Story Of Sacagawea's Journey, Richard R. Holley Iii

North Carolina Banking Institute

No abstract provided.


Mccoll's Revolution: The Triumph Of The South, Frances Clement Apr 2001

Mccoll's Revolution: The Triumph Of The South, Frances Clement

North Carolina Banking Institute

No abstract provided.


Gramm-Leach-Bliley Act And State Regulation Of The Business Of Insurance-Past, Present And . . . Future, Scott A. Sinder Apr 2001

Gramm-Leach-Bliley Act And State Regulation Of The Business Of Insurance-Past, Present And . . . Future, Scott A. Sinder

North Carolina Banking Institute

No abstract provided.


The Search For Clarity In The Accounting For Loan-Loss Reserves: Earnings Management Vs. Safety And Soundness, Jonathan C. Windham Apr 2001

The Search For Clarity In The Accounting For Loan-Loss Reserves: Earnings Management Vs. Safety And Soundness, Jonathan C. Windham

North Carolina Banking Institute

No abstract provided.


Occ V. Providian National Bank: Enforcement Of The Ftc's Unfair And Deceptive Trade Practices Statute By The Occ, Mcneill Y. Wester Apr 2001

Occ V. Providian National Bank: Enforcement Of The Ftc's Unfair And Deceptive Trade Practices Statute By The Occ, Mcneill Y. Wester

North Carolina Banking Institute

No abstract provided.


From Checks To Cash: The Regulation Of The Payday Lending Industry, Scott Andrew Schaaf Apr 2001

From Checks To Cash: The Regulation Of The Payday Lending Industry, Scott Andrew Schaaf

North Carolina Banking Institute

No abstract provided.


Financial Services Privacy At The Start Of The 21st Century: A Conceptual Perspective, Charles M. Horn Apr 2001

Financial Services Privacy At The Start Of The 21st Century: A Conceptual Perspective, Charles M. Horn

North Carolina Banking Institute

No abstract provided.


Bank Capital Requirements For Retained Interests In Securitizations, Cynthia C. Mabel Apr 2001

Bank Capital Requirements For Retained Interests In Securitizations, Cynthia C. Mabel

North Carolina Banking Institute

No abstract provided.


African-American Farmers And Fair Lending: Racializing Rural Economic Space, Cassandra Jones Havard Apr 2001

African-American Farmers And Fair Lending: Racializing Rural Economic Space, Cassandra Jones Havard

All Faculty Scholarship

This article critiques the federal policy and legislation that makes USDA a financial intermediary designed to give farmers access to credit in light of the federal class action settlement of claims between African-American farmers and USDA. The challenged statutory scheme allows locally elected farmers to make decisions regarding these low-cost loan funds. USDA's approach has both federalist and economic underpinnings. The article identifies the arguments supporting devolution of power from the federal government to local jurisdictions and examines the competing theories of information costs, transaction costs, and agency costs as they relate to USDA as a financial intermediary. Finally, it …


21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Apr 2001

21st Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 21st Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in April of 2001.


Willie Sutton Is On The Internet: Bank Security Strategy In A Shared Risk Environment, Eugene M. Katz, Theodore F. Claypoole Apr 2001

Willie Sutton Is On The Internet: Bank Security Strategy In A Shared Risk Environment, Eugene M. Katz, Theodore F. Claypoole

North Carolina Banking Institute

No abstract provided.


First Pacific Bancorp, Inc. V. Helfer: A Case For An Implied Private Cause Of Action, Nathan Fess Apr 2001

First Pacific Bancorp, Inc. V. Helfer: A Case For An Implied Private Cause Of Action, Nathan Fess

North Carolina Banking Institute

No abstract provided.


Foreword, North Carolina Banking Institute Apr 2001

Foreword, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


The Impact Of Technology On Banking: The Effect And Implications Of Deconstruction Of Banking Functions, Julie L. Williams, James F. Gillespie E. Apr 2001

The Impact Of Technology On Banking: The Effect And Implications Of Deconstruction Of Banking Functions, Julie L. Williams, James F. Gillespie E.

North Carolina Banking Institute

No abstract provided.


The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg Apr 2001

The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg

Cardozo Journal of International and Comparative Law

The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.


Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky Apr 2001

Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky

Articles

In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.